Appeal No. 1996-1891
Application 08/058,478
the scope and content of the prior art and the level of
ordinary skill solely on the cold words of the literature").
In re GPAC, Inc., 57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121
(Fed. Cir. 1995)(board did not err in adopting the approach
that the level of skill in the art was best determined by the
references of record).
Figure 1 of Bose shows an acoustic waveguide loudspeaker
system which includes an electroacoustical transducer or
driver 22. The back side of the transducer communicates with
an opening 28 in front panel 16 of the loudspeaker housing via
a folded rear tube or waveguide formed by internal vertical
walls 21 and 23, internal horizontal walls 24-27 (26 is not
labeled), right side panel 15, top panel 12, front panel 16,
and rear panel 17. Bose's claim 1 specifies that the
effective length of the rear tube is substantially equal to a
quarter wavelength at the lowest frequency of pressure wave
energy to be transmitted between first and second ends.
Consequently, the preamble and the first two paragraphs of
appellant's claim 1 read on Bose. Appellant does not contend
otherwise. However, Bose lacks the claimed damping material
in the waveguide. Bose explains that
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