Ex parte DIEKEN - Page 7




          Appeal No. 95-0953                                                          
          Application 07/976,328                                                      

               The term "acoustic pathway" is used four times in claim 1              
          and requires definition.  The specification defines an                      
          "acoustic pathway" as follows (page 5, lines 10-13):  "An                   
          acoustic pathway 25 in the chestpiece proceeds from                         
          diaphragm 27 into chamber 24 and into hollow, preferably                    
          detachable, stem 22."  As the examiner observes (Examiner's                 
          Answer, pages 8-9), claim 1 does not define the structure of                
          the acoustic pathway, such as a diaphragm chamber, an aperture              
          in communication with the diaphragm chamber, a tubular passage              
          in the chestpiece stem, etc.  The acoustic pathway is broadly               
          all of the hollow volume extending from the diaphragm to the                
          earpieces.                                                                  
               The limitation of "a stethoscope housing forming an                    
          acoustic pathway for acoustic auscultation" reads on the upper              
          piece in figures 5 and 6, identified for convenience as                     
          element 26 (26 actually refers to the raised center portion).               
          The key to this rejection is recognizing that the cavity for                
          accepting the lower piece in figures 5 and 6, identified for                
          convenience as element 36 (36 actually refers to the bottom                 
          surface of the chestpiece), and the opening 38 for connecting               
          tube 16 are "an acoustic pathway for acoustic auscultation."                

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