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 11Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007