Ex parte CESATI - Page 13




          Appeal No. 96-2520                                                          
          Application 07/891,852                                                      



          solid member.  Therefore, we will sustain the Examiner's                    
          rejection of claim 9.                                                       
                    Claims 1, 2 and 11 stand rejected under 35 U.S.C. §               
          103 as being unpatentable over Sotome '124 and Tsukagoshi.                  
          Claims 1,                                                                   




          2 and 11 stand rejected under 35 U.S.C. § 103 as being                      
          unpatent-                                                                   
          able over Leontiev, Sotome '124 and Tsukagoshi.  In the second              
          reply brief, Appellant argues that neither Sotome '124, Tsuka-              
          goshi nor Leontiev teaches or suggests the use of rubber for a              
          damper as recited in Appellant's claim 1.                                   
                    We note that Appellant has amended claim 1 in the                 
          after final amendment by adding "a rubber damper element                    
          adapted to                                                                  
          dampen said diaphragm to change a residence characteristic of               
          said transducer."  We agree that neither Sotome '124,                       
          Tsukagoshi nor Leontiev teaches or suggests the use of rubber               
          for a damper as recited in Appellant's claim 1.  We note that               

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