Ex parte KOIKE et al. - Page 12




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


          difference in the acoustic velocities of a surface wave.  We                
          find that Thompson (‘836)                                                   
          (col. 3, lines 36-38) is measuring the velocity of a                        
          transverse or shear wave.  We are in agreement with the                     
          appellants (reply brief, page 12) that Thompson (‘836) is                   
          measuring the stress across the thickness of the test piece                 
          (Figure 12), rather than measuring the velocity of a surface                
          stress in a surface layer and evaluating the stress from the                
          differences in acoustic velocities.                                         
               With regard to the examiner’s assertion (answer, page 4)               
          that Thompson et al (“836”) teaches “evaluating the presence                
          of stress in the test piece by a difference in the applied                  
          wave’s velocity (col. 4, lines 16-19),” we note that claim 1                
          recites “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.”                                                
               As seen in Figures 7 and 11 of the appellants’                         
          disclosure, the loaded portion is closer to a weld than is the              
          non-loaded portion.  From the text of Thompson (‘836) referred              
          to by the examiner (col. 4, lines 16-19), we find that                      
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