Ex parte DIEKEN - Page 12

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

          tube 16" (col. 5, lines 4-5), which meets the limitations of                
          the whereby clause.                                                         
               For the reasons stated above, the rejection of claim 1 is              
          sustained.  Claim 9 recites the chestpiece of claim 1 plus                  
          binaural tubing and an earpiece assembly, which additional                  
          structure is clearly shown in Dufresne.  Claim 17 is argued to              
          stand or fall together with claim 9.  Therefore, the rejection              
          of claims 9 and 17 are also sustained.                                      
               The acoustic pathway in Dufresne is not regular in shape               
          and thus we find that the transducer is not coaxially disposed              
          as recited in claims 2 and 11.  The transducer in Dufresne is               
          manifestly not in the stem of the chestpiece as recited in                  
          claims 3 and 12.  The examiner does not point out where                     
          Dufresne shows an electrical connector as recited in claim 10.              
          For these reasons, the rejection of claims 2, 3, and 10-12 is               

               We agree with appellant that the mounting of the                       
          transducer in the wall of the acoustic pathway in Pfeiffer is               
          not "within the acoustic pathway and positioned within the                  
          same acoustic pathway as employed for acoustic auscultation."               
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