Appeal No. 1997-3974
Application No. 08/541,254
now being claimed. Amendments were made to page 7 of the
specification which the examiner finds to be new matter. The
claims on appeal recite this “new matter” and the examiner
finds no basis in the original specification for this
material. Appellant argues that the matter added by amendment
to the specification is fully supported by the original
specification.
The following passages from independent claims 12 and
17 are asserted by the examiner to be unsupported by the
original specification:
1. Claim 12 - “said separator having a plurality of
through holes that each loosely receives at least part of each
transducer of a pair”; and
2. Claim 17 - “a plurality of said transducers lying
loosely in said holes” [answer, page 4].
We note that there are two embodiments of the
invention disclosed by appellant. The first embodiment is
shown in appellant’s Figures 1-3. In this embodiment it is
described that the hole “very closely receives” parts of the
bodies 94 and 96 [specification, page 5]. The second
5
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