Ex parte KOIKE et al. - Page 2




          Appeal No. 1999-1663                                                        
          Application No. 08/715,221                                                  


          be derived from a reading of exemplary claim 1, the only                    
          independent claim on appeal, which is reproduced as follows:                
          1.  A stress evaluation method for evaluating stress acting on              
          a test piece to be tested from changes in an acoustic velocity              
          of an acoustic wave which propagates through said test piece,               
          wherein the stress evaluation method comprises the steps of:                
               changing a propagational direction of a surface wave                   
          which propagates in a surface layer of said test piece both at              
          a non-loaded portion and a loaded portion of the test piece;                
               measuring an acoustic velocity of said surface wave; and               
               evaluating stress at the loaded portion of said test                   
          piece based on a difference in acoustic velocities of said                  
          surface wave between the non-loaded portion and the loaded                  
          portion of said test piece.                                                 
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Thompson et al. (Thompson ‘836)    4,080,836           Mar. 28,             
          1978                                                                        
          Hildebrand                         4,210,028           Jul.  1,             
          1980                                                                        
          Thompson et al. (Thompson ‘081)    5,154,081           Oct. 13,             
          1992                                                                        
               Claims 1, 4 and 12 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over Thompson (‘836) in view of Thompson              
          (‘081) and further in view of Hildebrand.                                   



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