Appeal No. 2004-0551 Page 10
Application No. 09/393,256
Claims 1 to 7, 10 and 21
Independent claim 1 reads as follows:
An ultrasonic probe comprising:
a shaft for transmitting ultrasonic mechanical vibrations from a source of
ultrasonic vibrations; and
a probe head at an end of said shaft, said probe head being provided on
at least one lateral side with a recess, said shaft and said probe head having an
absence of electrical circuit elements, said recess being an open container for
holding an aliquot of liquid.
On page 6 of the answer, the examiner acknowledges that Weiland provides
electrical circuit elements in the shaft and probe head. Since claim 1 recites "said shaft
and said probe head having an absence of electrical circuit elements," claim 1 is not
anticipated by Weiland. Accordingly, the decision of the examiner to reject claim 1, and
claims 2 to 7, 10 and 21 dependent thereon, under 35 U.S.C. § 102(b) as being
anticipated by Weiland is reversed.
Claims 22 to 28
Independent claim 22 reds as follows:
An ultrasonic probe comprising:
a shaft for transmitting ultrasonic mechanical vibrations from a source of
ultrasonic vibrations, said shaft having a longitudinally extending channel for
guiding liquid from a fluid source; and
a probe head at an end of said shaft, said probe head being provided on
at least one lateral side with an open recess communicating with said channel to
enable a filling of said recess with liquid conducted through said channel.
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