Ex parte DIEKEN - Page 10

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

               Appellant argues that microphone 42 in Dufresne is                     
          "located outside of the same acoustical pathway 44 as used for              
          acoustic auscultation" (Brief, page 6).  Again, the transducer              
          in Dufresne is within the acoustic pathway in the same sense                
          as appellant's invention because the mounting holding the                   
          transducer is within the acoustic pathway in the upper piece                
          26.  To the extent the transducer is outside the acoustic                   
          pathway of opening 44, appellant's transducer in figure 4 is                
          also outside the same acoustic pathway because the opening is               
          to one side of the transducer.  Thus, appellant's arguments                 
          are not persuasive.                                                         
               Appellant argues that the transducer in Dufresne picks up              
          different sounds through a variety of acoustic effects due to               
          its location than is transmitted for acoustic auscultation and              
          that appellant's transducer "'hears' the same sound as is                   
          acoustically transmitted to the health care practitioner"                   
          (Brief, page 7) because the transducer is located within the                
          same acoustic pathway.  Appellant argues that "Appellant's                  
          drawings illustrate positioning of transducer within acoustic               
          pathway 25, wherein the sound wave is impinging on the                      
          transducer in the exact same propagation direction as the                   

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Last modified: November 3, 2007