Ex parte BUSHMAN - Page 12




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



                    We therefore conclude that the term "radiation" as                
          used in the instant claims should be interpreted according to               
          its ordinary and accustomed meaning.  Since this meaning                    
          includes a magnetic field, "radiation" is readable on the                   
          magnetic fields detected by Murphy, Fichtenbaum and Seddick.                
          Rejections (2)   and (3) will accordingly be sustained.                     
          Conclusion                                                                  
                    The examiner's decision to reject claims 1 to 27                  
          under 35 U.S.C. § 112, second paragraph, is reversed, and to                
          reject claims 1, 3, 6 to 12, 15, 17, 18 and 22 to 27 under 35               
          U.S.C. §§ 102(b) and 103 is affirmed.                                       
                    No time period for taking any subsequent action in                
          con- nection with this appeal may be extended under 37 CFR §                
          1.136(a).                                                                   
                                  AFFIRMED-IN-PART                                    



                         IAN A. CALVERT               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      
                         CHARLES E. FRANKFORT         )     APPEALS AND               
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