Ex parte FISHER et al. - Page 2




              Appeal No. 1998-1927                                                                                             
              Application No. 08/703,276                                                                                       


                                                      BACKGROUND                                                               
                      The appellants' invention relates to an acoustic sensor for monitoring a point in space                  
              remote from the sensor (specification, page 1).  An understanding of the invention can be                        
              derived from a reading of exemplary claims 1 and 21, which appear in the appendix to the                         
              appellants' brief.1                                                                                              
                      The prior art references of record relied upon by the examiner in rejecting the appealed                 
              claims are:                                                                                                      
              McCarty                                      5,107,709                     Apr. 28, 1992                         
              Fisher                                       5,155,707                     Oct.  13, 1992                        
              Slayton et al. (Slayton)                     5,175,709                     Dec. 29, 1992                         
              Aida et al. (Aida)                           5,590,653                     Jan.   7, 1997                        
                                                                                  (filed Mar. 9, 1994)                         
                      The following rejections are before us for review.                                                       
                      Claims 1 and 12 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                          
              Fisher.                                                                                                          
                      Claim 7 stands rejected under 35 U.S.C. § 103 as being unpatentable over Fisher in                       
              view of Slayton.                                                                                                 
                      Claims 8 and 9 stand rejected under 35 U.S.C. § 103 as being unpatentable over Fisher                    
              in view of Slayton, as applied to claim 7 above, and further in view of Aida.                                    




                      1The examiner (answer, page 3) points out a minor error in the copy of claim 1 in the appellants' appendix.
                                                              2                                                                





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