Ex parte SINHA - Page 5




          Appeal No. 1998-1603                                       Page 5           
          Application No. 08/428,940                                                  


          view of Kageyama and Devine.  In support of the rejection, the              
          examiner states:                                                            
                    . . . Mick shows a method and apparatus for                       
                    non-invasive measurement of intracranial                          
                    changes in pressure in which a pre-                               
                    determined signal (Col. 6, Lns. 9-11) of a                        
                    particular frequency, the fundamental                             
                    resonant frequency is known for the skull                         
                    (Col. 5, Lns. 64-66), is applied to the                           
                    skull, an output is detected at another                           
                    location on the skull and the variations                          
                    between the input signal and the resultant                        
                    signal are measured.  Mick however, does                          
                    not show the application of an ultrasonic                         
                    oscillatory excitation applied to the head                        
                    or the generation of a standing wave.                             
                    [Examiner’s answer at page 3-4].                                  

          The examiner has cited Kageyama for showing the utilization of              
          ultrasonic waves from a pulser for excitation in an analogous               
          art for the purpose of measuring their echo to determine                    
          intracranial pressure.  The examiner concludes:                             
                    It would have been obvious for a person of                        
                    ordinary skill in the art at the time this                        
                    invention was made to incorporate the use                         
                    of ultrasonic waves because they are                              
                    commonly used wave frequency for medical                          
                    applications.                                                     
                    [Examiner’s answer at page 4].                                    
          Appellant argues that Mick does not disclose the application                
          of a single frequency to the skull bone, i.e., Mick does not                








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