Ex parte SCHOEPE - Page 5




                 Appeal No. 1997-2508                                                                                                                   
                 Application 08/329,463                                                                                                                 


                 prior art,  and the respective viewpoints of appellant and the3                                                                                                                    
                 examiner.  As a consequence of our review, we make the                                                                                 
                 determination which follows.                                                                                                           

                          2(...continued)                                                                                                               
                 axially spaced plurality of solenoids (Fig. 1) or an axially                                                                           
                 spaced plurality of magnets (Fig. 3) along the exterior of a                                                                           
                 pipe;                                                                                                                                  
                          Kronenberg et al. (International Publication Number WO                                                                        
                 85/03649) disclosing in Figure 8A-G magnetic elements                                                                                  
                 separated and placed around a cylindrical tube; and                                                                                    
                          Weisenbarger et al. (U.S. Patent No. 4,711,271) and Burns                                                                     
                 (U.S. Patent No. 5,320,751) each providing a distinct frame                                                                            
                 for circumferentially (not axially aligned) arrayed magnets.                                                                           

                          Kulish (U.S. Patent No. 4,605,498), listed as a                                                                               
                 reference cited in each of the aforementioned Weisenbarger and                                                                         
                 Burns patents, is likewise pertinent in disclosing a distinct                                                                          
                 frame for circumferentially arranged magnets.  A copy of the                                                                           
                 Kulish document accompanies this opinion.                                                                                              
                          These referenced documents would appear to us to be                                                                           
                 worthy of further consideration in the event of any subsequent                                                                         
                 prosecution before the examiner.                                                                                                       
                          3In our evaluation of the applied patents, we have                                                                            
                 considered all of the disclosure of each document for what it                                                                          
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                 been expected to draw from the disclosure.  See In re Preda,                                                                           
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

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