Ex parte STANKE et al. - Page 8




          Appeal No. 97-1628                                                          
          Application No. 08/442,610                                                  


          Therefore, while shear waves appear to be generated in the                  
          Vogel system, they move along the length of the elements, such              
          as is shown at 58 in Figure 3 (see column 6, line 31 et seq.),              
          and do not reflect from the interfaces, as is required by the               
          appellants’ claims.  Thus, even if the teachings of Vogel and               
          Broding were combined, they would not, in our view, render the              
          claimed subject matter obvious.                                             
               Moreover, we fail to discern any teaching or suggestion                
          which would have motivated one of ordinary skill in the art to              
          combine the references in the manner proposed by the examiner.              
          It is an object of the Broding invention to solve problems                  
          present in the prior art by utilizing only compressional waves              
          through and beyond the casing to interrogate the elements in                
          the borehole; shear waves are converted to compressional waves              
          (column 3, lines 1-15).   As is made clear in column 7, in the              
          Broding system the shear waves that are generated remain in                 
          the casing, while the compression waves travel into the                     
          surrounding elements.  Therefore, replacing the compression                 
          waves in Broding with shear waves would subvert the Broding                 
          invention and act as a disincentive to the artisan to do so.                


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