Appeal No. 1998-1736
Application 08/282,847
in response to the final rejection, it is well known that 4
acoustic waves are longitudinal waves, the standing waves
having nodes and antinodes. Also one of ordinary skill would
know from the showing in Figures 1 and 2 that the nodes and
antinodes are planar, extending into and out of the plane of
the drawing. This is sufficient to show that one of ordinary
skill would have understood from appellants’ description and
illustration of
standing waves 20 that appellants were in possession of the
limitations underlined in claim 1, supra, at the time the
instant application was filed.
Rejection (1) accordingly will not be sustained.
Rejection (2)
4This text, Sears et al, University Physics (6th Ed.
1982), pp. 422 to 427, was submitted as an attachment to the
Amendment After Final Rejection filed on Dec. 2, 1996 (Paper
No. 9). Although the examiner issued an Advisory Action on
Jan 23, 1997 (Paper No. 10) denying entry of the proposed
amendment to the specification, that does not preclude our
consideration of the attachment, of which, in any event, we
may take official notice. See In re Ahlert, 424 F.2d 1088,
1091, 165 USPQ 418, 420-21 (CCPA 1970).
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