Ex parte PHILIPS et al. - Page 9




                     Appeal No. 1998-1736                                                                                                                                              
                     Application 08/282,847                                                                                                                                            


                                opposite to the variable driver sound wave creation means                                                                                              
                                in the Snaper gas separation apparatus in order to                                                                                                     
                                achieve optimum separation for the power consumed as                                                                                                   
                                taught by Zenner et al.                                                                                                                                
                     He also states on page 7 of the answer that Snaper and Zenner                                                                                                     
                     both treat fluids “flowing in a  conduit with sound waves at                                                                                                      
                     an angle to fluid flow,” and that appellants’ comments (that                                                                                                      
                     the references’ sound waves are not at an angle) “would also                                                                                                      
                     seem to be irrelevant because claims 1-5 do not recite any                                                                                                        
                     specific angle for the ultrasound waves produced.”                                                                                                                
                                Even assuming that it would have been obvious to employ a                                                                                              
                     reflector on the side of the conduit opposite Snaper’s                                                                                                            
                     transducers 22a, b,  the thus-modified apparatus of Snaper5                                                                                                                        
                     would still not have ultrasonic generating means oriented to                                                                                                      
                     create standing waves with their planar node and antinode                                                                                                         
                     regions “oriented at an angle to the flow of fluid,” as                                                                                                           
                     required by claim 1.  Looking at Figure 2 of Snaper, it                                                                                                           
                     appears that the planar node and antinode regions of the                                                                                                          
                     standing waves created by transducers 22a, b would not be “at                                                                                                     


                                5Although not argued by appellants, we note that, in                                                                                                   
                     order to satisfy the language of claim 1, the reflector would                                                                                                     
                     have to be positioned in Snaper’s chamber 14, an unlikely                                                                                                         
                     location.                                                                                                                                                         
                                                                                          9                                                                                            





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