Ex parte BUSHMAN - Page 7




          Appeal No. 97-0514                                                          
          Application 08/345,114                                                      



          he believes any of them to be separately patentable.  37 CFR                
          § 1.192(c)(7).                                                              
                    The three references involved disclose the detection              
          of magnetic fields produced by electrical current flowing in                
          the soil (Murphy) or in a wire (Fichtenbaum and Seddick).                   
          With respect to Murphy, appellant argues (brief, pages 6 to 7;              
          original emphasis):                                                         
                    Initially, Applicant points out that the                          
                    existing claim language of "radiation" and                        
                    "emitted radiation" clearly refers to, and                        
                    should be construed to cover, light radia-                        
                    tion in the form of photons emitted from                          
                    the surface of the device or material.                            
                    This meaning is clear from the Specifica-                         
                    tion.  E.g., page 6, line 33 to page 7,                           
                    line 17.  Also, this meaning is in accord                         
                    with the common meaning of "radiation" in                         
                    this context.  The American Heritage Dic-                         
                    tionary, Second College Edition, for exam-                        
                    ple, defines "radiation" as "... 2. Phys-                         
                    ics.  a. The emission and propagation of                          
                    waves or particles.  b. The propagating                           
                    waves or particles, such as light, sound,                         
                    radiant heat, or particles, emitted by                            
                    radioactivity."                                                   
                    Applicant submits that the Murphy refer-                          
                    ence does not anticipate Applicant's                              
                    claimed invention.  Specifically, the                             
                    Murphy reference does not disclose, as                            
                    required by Claims 1 and 12, "a radiation                         


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