Ex parte SHOFNER et al. - Page 11




          Appeal No. 1997-3975                                                        
          Application No. 08/395,376                                                  
          Arguments which appellants could have made but chose not to                 
          make in the brief have not been considered [see 37 CFR    §                 
          1.192(a)].                                                                  







          The examiner explains this rejection on pages 4-5 of                        
          the answer.  With respect to claims 13 and 17 which stand or                
          fall together [brief, page 5], appellants argue that neither                
          Shofner nor Duncan teaches a means for producing a compensated              
          waveform that compensates for varying velocities along the                  
          length of the entity [brief, page 8].  The examiner responds                
          that compensation                                                           
          is inherent in the systems of Shofner and Duncan [answer,                   
          pages 9-10].                                                                
          Whether compensation is broadly performed in Shofner                        
          or Duncan is not the proper question to be considered by the                
          examiner.  The proper question is whether the collective                    
          teachings of the references would have suggested the                        
          obviousness                                                                 
          of the analyzer means as specifically recited in claim 13.  We              
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