Ex parte BEIGEL et al. - Page 13




          Appeal No. 1997-2455                                                        
          Application 08/318,235                                                      

          Beigel’s controller only interacts with the coil capacitor                  
          combination via the variable load, whereas Appellants claimed               
          control means also sets the resonant frequency of the                       
          transducer.  Appellants assert that “[t]ransmitting a message               
          sequence to the variable load is not the same as setting the                
          resonant frequency of the coil-capacitor combination.”  On                  
          page 16 of the brief, Appellants argue that “[i]n claim 29 the              
          term ‘resonant frequency’ always refers to the transducer by                
          itself.”  Appellants point out that on page 14 of the                       
          specification, the adjustment of the resonant frequency of the              
          coil capacitor combination is accomplished by using a variable              
          inductor or a variable capacitor.  On page 17 of the brief,                 
          Appellants summarize their arguments with respect to the                    
          rejection based upon 35 U.S.C. § 102 stating that: a) Beigel                
          does not show a coil capacitor combination which has a                      
          settable resonant frequency and b) a control means which sets               
          the resonant frequency of the coil capacitor.                               
               On page 5 of the answer, the Examiner acknowledges that                
          there is a difference between the resonant frequency of the                 
          coil capacitor combination and the coil capacitor combination               
          augmented by the load.  However, the Examiner asserts that the              

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