Appeal No. 95-0953
Application 07/976,328
The acoustic pathway is not structurally defined in claim 1 as
extending from the diaphragm. The acoustic pathway consisting
of the cavity and opening 38 in element 26 of Dufresne
corresponds to the portion of the pathway beginning at the top
of chamber 24 in appellant's figure 2, although, again, the
structure of the acoustic pathway is not recited
The limitation of "a mounting having at least one opening
to permit passage of sound in the acoustic pathway" reads on
the lower piece in figures 5 and 6, identified as element 36.
Element 36 is inserted into the acoustic pathway (the cavity
in the upper piece 26) in essentially the same way as
appellant's mounting 35 is inserted into the acoustic pathway
25. The "opening to permit passage of sound in the acoustic
pathway" reads on the "acoustic passage 44 [which] allows for
the simultaneous transmission of acoustic signals" (col. 6,
lines 38-39). Passage 44 in Dufresne corresponds to
appellant's opening 39 in figure 4. The acoustic to
electrical transducer, microphone 42, is "residing within the
mounting."
Because the mounting (element 36) holding the
transducer 42 is located within the acoustic pathway (the
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Last modified: November 3, 2007