Ex parte VAN SCHYNDEL - Page 4




              Appeal No. 1998-2719                                                                                        
              Application No. 08/535,404                                                                                  

              (Answer at 12.)  The examiner has added markings to Fig. 2 of Fatovic, in the Answer's                      
              attachment, which are apparently representative of the wall "X" as described.                               
                     However, there is no structure corresponding to a "wall" in the Fatovic device which                 
              slopes "upward and outward from the capsule's geometric center to the top of wall Z."  On                   
              the contrary, capsule 21 is surrounded and supported by foam covering 22.  Similarly, we                    
              see no structure corresponding to wall "Y," which is purported to be "a concave wall                        
              sloping upward and outward from the geometric center of the capsule to the bottom of wall                   
              Z."  (Id. at 12-13.)                                                                                        
                     The rejection asserts (id. at 6) that first port 23 of the electroacoustic transducer                
              (i.e., capsule 21) faces first side wall “X,” and that second port 24 faces second side wall                
              “Y.”  Although not well shown in Figure 1, Fatovic describes a front port 23 in capsule 21.                 
              Better shown in Figure 2 are "a plurality of sideward facing ports 24" in the capsule 21.                   
              We note that Fatovic’s Figure 2 is a side, cross-sectional view taken along line II-II in                   
              Figure 1.                                                                                                   
                     We fail to see, in the language of claim 1, "walls defining a regular-shaped cavity at               
              said transmit end a first side wall and a second side wall opposed to said first side wall                  
              being outwardly inclined."  In particular, we fail to see walls, as set forth, whereby a first port         
              of the electroacoustic transducer faces the first side wall, and a second port of the                       
              transducer facing the second side wall.                                                                     



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