Ex Parte Reinert - Page 6




              Appeal No. 2005-1835                                                                Page 6                
              Application No. 10/106,538                                                                                


              b. applying an opposite reaction force on an I-beam (the AAPA applies an opposite                         
              reaction force on the I-beam 6);                                                                          
              c. providing two reaction anchor assemblies on opposite sides of said pile (the AAPA                      
              provides two anchor piles 7 with connecting rods 8 on opposite sides of the pile 1); and                  
              d. bracing said I-beam by said two reaction anchor assemblies to hold said I-beam                         
              stationary in counter-action against said opposite reaction force on said I-beam (the                     
              AAPA braces the I-beam 6 by the two anchor piles 7 with connecting rods 8, plates 9                       
              and nuts 10 to hold the I-beam 6 stationary in counter-action against the opposite                        
              reaction force on the I-beam 6).                                                                          


                     The appellant argues in the brief (pp. 11-12) that the invention as claimed is not                 
              anticipated by the AAPA because of the differences between the claims and the AAPA                        
              which differences are important in using an anchoring system that requires only a small                   
              hole to be drilled for an anchor that has expanding feet to obtain proper resistance to                   
              obtain the uplift required to perform the pile test.  Using the claimed apparatus and                     
              method, the appellant asserts that the cost is reduced by 50% because the main factor                     
              in pile testing is the type of anchor used.  The appellant points out that the pile test                  
              system of the claimed invention uses anchors that are retractable and reusable,                           
              whereas, on the other hand, the existing pile test of the AAPA uses rock anchors that                     
              require 6 to 12 holes drilled to a depth of 50 feet to 100 feet so that concrete then can                 








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