Ex Parte DUARTE et al - Page 3




            Appeal No. 2002-0910                                                          Page 3              
            Application No. 09/229,855                                                                        


                         operative surface of the ultrasonic transducer in a direction                        
                         toward the wound.                                                                    

                   The examiner relied upon the following prior art references in rejecting the               
            appealed claims:                                                                                  
            Fox                              4,787,888                       Nov. 29, 1988                    
            Crowley                          5,630,837                       May 20, 1997                     
            Watanabe et al. (Watanabe)       5,690,608                       Nov. 25, 1997                    
                   Claims 1, 8 and 12 stand rejected under 35 U.S.C. § 102(b) as being anticipated            
            by Fox.                                                                                           
                   Claims 3-7, 11 and 13-17 stand rejected under 35 U.S.C. § 103(a) as being                  
            unpatentable over Fox in view of Watanabe.                                                        
                   Claims 3-7, 11 and 13-17 stand alternately rejected under 35 U.S.C. § 103(a) as            
            being unpatentable over Fox in view of Crowley.                                                   
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and              
            the appellants regarding the above-noted rejections, we make reference to the answer              
            (Paper No. 29) for the examiner's complete reasoning in support of the rejections and to          
            the brief and reply brief (Paper Nos. 28 and 30) for the appellants’ arguments                    
            thereagainst.                                                                                     
                                                  OPINION                                                     
                   In reaching our decision in this appeal, we have given careful consideration to            
            the appellants’ specification and claims, to the applied prior art references, and to the         








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