Appeal 2007-1101
Application 10/248,535
220 remains in the extended position with piston 236 having been retracted.
In Figure 6, the probe 220 remains in the extended position and the piston
236 has again been moved forward to the position it was in in Figures 3 and
4. This back and forth movement clearly illustrates an oscillatory function
which causes fluid to enter the associated cavity for measurement purposes.
These movements are controlled through the control lines 312-318 to
selectively control both the extension and retraction of the probe 220 as well
as the position of the piston 236 being in a forward or backward position
within the probe 220. Modifying embodiments are shown in Figures 7 and 8
of Meister. This back and forth movement of these elements is revealed in
the Summary of the Invention at Meister’s page 4, lines 4 through 33; page
13, lines 12 through 33; page 14, line 25 through page 15, line 2; and the
discussion at page 15, line 20 through page 16, line 20 associated with
Figure 9.
As relied upon by the Examiner, the discussion at page 13 clearly
indicates that the piston reciprocates through a line of travel linearly or
otherwise is translated along the longitudinal axis. The Figure 9 discussion,
and particularly that at page 15, lines 25 through 31, illustrates that various
piston draw rates are utilized and are adjustable in steps to yield a plurality
of measurements at each step. Even the characterization of Figure 9 at line
32 of page 15 indicates that this figure represents a single cycle of a
drawdown test. The Examiner’s characterization at pages 9 and 10 of
Meister’s action of a “cycle” having a drawdown portion and a build up
portion is consistent with these showings and discussions in Meister. Thus,
the reference plainly teaches oscillations (back and forth cycles) that are
derived from the actuations of the hydraulic system through the various
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Last modified: September 9, 2013