Ex parte BEIGEL et al. - Page 15




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

          the specification is silent as to how these elements are                    
          interconnected.  Though Appellants have argued on page 24 of                
          the brief that there is a distinction between the resonant                  
          frequency of coil capacitor pair and coil capacitor pair plus               
          load, we find no such distinction.  The circuit elements used               
          to adjust the resonant frequency of the transducer are neither              
          claimed nor disclosed in a manner which distinguishes these                 
          elements from a load on the transducer.  Accordingly, we hold               
          that the scope of claim 29 includes that the resonant                       
          frequency of the transducer is settable to any one of a                     
          plurality of values by the control means.  Further, we find                 
          that the only requirement for the element which sets the                    
          resonant frequency is that it is controlled by the control                  
          means.                                                                      
               Having determined the scope of the claim, we next                      
          consider the disclosure of Beigel.  We find that Beigel’s coil              
          210 and capacitor 220, meet the claimed transducer having a                 
          resonant frequency.  We find that Beigel’s variable load meets              
          the claimed modulator and that Beigel’s controller 245 meets                
          the claimed control means.  Beigel discloses in column 6,                   
          lines 54 through 56, that the controller uses variable load to              

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