Appeal 2007-1101
Application 10/248,535
respectively actuated to an extended position and then are advanced
backwardly to a retracted position to perform an oscillatory-type function
through the discussion at column 8. Again, the hydraulic fluid conductors
28 and 29 cause the valves 61, 63 to actuate in such a manner through the
additional operative actions of the valve 92 and the spring 120 such as to
fluctuate the fluid within the cavity 50a, 50b formed through the port 48
where the formation materials enter for measuring the pressure thus forming
a cavity or passageway 50a, 50b for measurement by pressure sensor 54.
Corresponding operations occur with respect to the second
embodiment in Figure 4 and the third embodiment in Figure 5. Of
significant emphasis here is that these back and forth oscillatory actions are
repetitive according to the teachings at column 14, lines 43 through 54 at
different times or different depths.
Therefore, the artisan may well consider that Ciglenec may teach
more than the Examiner has realized and perhaps the substance of each
independent claim 1, 12, and 30. Indeed, the probe 16 in Ciglenec
corresponds to the disclosed probe 200a in disclosed Figures 3A, 3B;
Ciglenec’s piston 70 corresponds to Appellant’s disclosed piston 215a and
Ciglenec’s piston/pin 51 corresponds to Appellant’s disclosed oscillator 300.
Correspondingly, we agree with the Examiner’s views with respect to
Meister that there is no dispute that element 220 comprises the probe, which
is characterized in this reference as the pad member. A draw piston 236 is
characterized by the Examiner as a retractable piston. In Figure 3 of
Meister, the probe 220 is in a retracted position with the piston 236 within it
in a forward position. In Figure 4, the probe 220 is extended where the
piston 236 remains in the forward position. In Figure 5 of Meister, the probe
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Last modified: September 9, 2013