Ex parte POTTER - Page 14




          Appeal No. 1996-1891                                                        
          Application 08/058,478                                                      


               waveguide walls generally parallel to the vibratile                    
               surface.  [Answer at 6.]                                               


          As appellant correctly notes, these waveguide portions are                  
          formed by walls that are perpendicular to the vibratile                     
          surface, not parallel thereto as argued by the examiner.                    
          Consequently, the rejection of claim 5 is reversed.                         
               Claim 9 stands rejected under § 102(e) as anticipated by               
          Spear.  This claim calls for, inter alia, (a) the waveguide to              
          have "damping material in said waveguide at said driver end                 
          extending into said waveguide for a predetermined length near               
          said vibratile surface" and (b) "the length of said waveguide               
          between said first end and said damping material [to be]                    
          significantly greater than said predetermined length."  These               
          limitations clearly require that the damping material not fill              
          the entire waveguide.  As appellant correctly notes, Spear's                
          damping material fills the entire waveguide.  See column 3,                 
          lines 18-20: "The housing is completed by respective top and                
          bottom walls E--E as shown.  Normal standing wave modes that                
          freely arise along the entire height of the line are damped                 
          conventionally by placing symbolized fibrous materials                      

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