Ex parte KOIKE et al. - Page 14




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


                 appropriate measurements for deriving the stress information.”                                                                         
                 Thompson (‘081) additionally states (col. 7, lines 36-37) that                                                                         
                 this embodiment utilizes “horizontally polarized shear waves.”                                                                         
                 While Thompson (‘081) characterizes this embodiment as                                                                                 
                 utilizing shear waves, we take Official Notice that the phrase                                                                         
                 “horizontally polarized shear waves” refers to a Love  wave,                                   2                                       
                 which the appellants have defined in Attachment “E” as a                                                                               
                 surface wave.  Accordingly, we find that Thompson (‘081)                                                                               
                 teaches the use of a surface wave which propagates in a                                                                                
                 surface layer of a test piece.                                                                                                         
                          However, Thompson (‘081) does not make up for the                                                                             
                 deficiencies of Thompson (‘836).  We find that although the                                                                            
                 three arrays of transducer sets disclosed in Figure 4 of                                                                               
                 Thompson (‘081) disclose each array to be positioned at a                                                                              
                 different angular orientation (col. 6, line 48 et seq.), that                                                                          
                 Thompson (‘081) does not teach evaluating the stress at loaded                                                                         
                 portions based on a difference in acoustic velocities of a                                                                             


                          2    IBM Technical Disclosure Bulletin, June 1970, US, Vol. 13,                                                               
                 Issue No. 1, pp. 269-270, sets forth that “Acoustical waves, discovered by                                                             
                 Love, propagating a layer on a substrate are defined as horizontally polarized                                                         
                 shear waves . . .”  A copy of the text of the document is attached to this                                                             
                 decision.                                                                                                                              
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