Ex parte FREY et al. - Page 4




          Appeal No. 1997-3026                                       Page 4           
          Application No. 08/344,053                                                  


          pertinent art would have been led to modify the prior art or to             
          combine prior art references to arrive at the claimed                       
          invention.  Such reason must stem from some teaching,                       
          suggestion or implication in the prior art as a whole or                    
          knowledge generally available to one having ordinary skill in               
          the art.  Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d 1044,              
          1051, 5 USPQ2d 1434, 1438 (Fed. Cir.), cert. denied, 488 U.S.               
          825 (1988).  These showings by the examiner are an essential                
          part of complying with the burden of presenting a prima facie               
          case of obviousness.  Note In re Oetiker, 977 F.2d 1443, 1445,              
          24 USPQ2d 1443, 1444 (Fed. Cir. 1992).                                      
               With respect to the instant claims, the examiner basically             
          finds that either one of Smith or Ishiyama discloses an                     
          ultrasound probe, as claimed, but for the use of plural, joined             
          flex circuits to interface with the coaxial cable.  The                     
          examiner relies on Gorton for providing “multiple joined flex               
          circuits for ease of connection between piezoelectric elements              
          and their drive/output circuitry” [answer-page 2].  The                     
          examiner specifically relies on Figures 84-87 of Gorton.                    
               Figures 84-87 of Gorton depict flex circuits 824 and 825               
          and while Figure 84 shows these two flex circuits juxtaposed                







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