Appeal No. 95-0953 Application 07/976,328 The term "acoustic pathway" is used four times in claim 1 and requires definition. The specification defines an "acoustic pathway" as follows (page 5, lines 10-13): "An acoustic pathway 25 in the chestpiece proceeds from diaphragm 27 into chamber 24 and into hollow, preferably detachable, stem 22." As the examiner observes (Examiner's Answer, pages 8-9), claim 1 does not define the structure of the acoustic pathway, such as a diaphragm chamber, an aperture in communication with the diaphragm chamber, a tubular passage in the chestpiece stem, etc. The acoustic pathway is broadly all of the hollow volume extending from the diaphragm to the earpieces. The limitation of "a stethoscope housing forming an acoustic pathway for acoustic auscultation" reads on the upper piece in figures 5 and 6, identified for convenience as element 26 (26 actually refers to the raised center portion). The key to this rejection is recognizing that the cavity for accepting the lower piece in figures 5 and 6, identified for convenience as element 36 (36 actually refers to the bottom surface of the chestpiece), and the opening 38 for connecting tube 16 are "an acoustic pathway for acoustic auscultation." - 7 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007