Ex parte SMITH - Page 5




               Appeal No. 96-2515                                                                                                     
               Application 08/037,567                                                                                                 


                               It is appellant’s position that Konomi ‘867 does not teach first and second acoustic guides            

               that are coaxial with one another as recited in dependent claim 11.  Appellant contends, without elaboration,          

               that while Figs. 5 and 6 of the reference may disclose first and second acoustic guides, these guides are not          

               coaxial.  This is not persuasive.  For example, in Fig. 5 guide 6 is within guide 2c, and the two guides are           

               clearly coaxial.                                                                                                       

                               Concerning claim 13, we agree with the examiner that Konomi’s waveguides have portions                 

               thereof oriented orthogonally with respect to one another.  Although the acoustic guides 2c and 6 in Fig. 5 of         

               the reference are not themselves orthogonal, the end face or portion of guide 6 at 6c is orthogonal to guide 2c        

               along its axis.                                                                                                        

                               With respect to claims 14 and 20, appellant contends that the language of these claims is not          

               met by Fig. 5 of Konomi because the claims require that the guides be parallel, and guides 2b and 6 of                 

               Konomi converge, and because the guides do not have outer portions in transverse planes.  This contention is           

               not persuasive because guides 6 and 2c of the reference are parallel in the same sense that appellant’s guides         

               102 and 104 of its Fig. 5 are parallel.  Furthermore, the guide openings at the left ends of the guides are in         

               “different transverse planes” as recited in claims 14 and 20.                                                          

                               Claims 3, 7, 10, 12, 18 and 19 are not separately argued and fall with claims 1, 2, 9, 11, 13,         

               14, 16, 17 and 20.                                                                                                     




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