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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