Ex parte DIEKEN - Page 11

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

          sound progression for acoustic auscultation leading to the                  
          user's ears" (Brief, page 7).  The term "within" does not                   
          capture any structural limitations about the transducing                    
          surface being oriented normal to the sound waves or the nature              
          of the sound.  Appellant's arguments are not commensurate in                
          scope with the claim language.                                              
               Claim 1 lastly recites "whereby the same pathway of sound              
          is used to receive both acoustically transmitted information                
          and electrically generated information from the stethoscope                 
          chestpiece."  This appears to refer to the fact that the                    
          disclosed invention has a cable 31 in the acoustic pathway                  
          that carries the electrically generated information produced                
          by the transducer (specification, page 5).  Normally, a                     
          whereby clause describes the operation or cooperation of the                
          preceding limitations, but here no cable or structure for                   
          carrying electrically generated information is recited.  Thus,              
          the statement about receiving "electrically generated                       
          information" appears to be a statement of intended use.  In                 
          any case, Dufresne discloses that "[e]lectrical wires transmit              
          the processed electrical signal within and along connecting                 

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