Ex parte DIEKEN - Page 2

          Appeal No. 95-0953                                                          
          Application 07/976,328                                                      

               This is a decision on appeal under 35 U.S.C.  134 from                
          the final rejection of claims 1-4, 6-13, and 15-17, all the                 
          claims pending in the application.  Claims 5 and 14 have been               
          cancelled.  We affirm-in-part.                                              
               The disclosed invention is directed to a stethoscope                   
          chestpiece having an acoustic to electrical transducer mounted              
          within the acoustic pathway in the chestpiece.                              
               Claim 1, the sole independent claim, is reproduced below.              
                    1.  A stethoscope chestpiece for transmitting                     
               auscultatory sounds both acoustically and electrically,                
                    a stethoscope housing forming an acoustic pathway                 
               for acoustic auscultation;                                             
                    a mounting having at least one opening to permit                  
               passage of sound in the acoustic pathway; and                          
                    an acoustic to electrical transducer residing within              
               the mounting and within the acoustic pathway and                       
               positioned within the same acoustic pathway as employed                
               for acoustic auscultation;                                             
                    whereby the same pathway of sound is used to receive              
               both acoustically transmitted information and                          
               electrically generated information from the stethoscope                

               The examiner relies on the following references:                       
               Pfeiffer                    4,071,694    January 31, 1978              
               Dufresne et al. (Dufresne)  5,204,500      April 20, 1993              
          (filed February 20, 1991)                                                   
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