Ex parte FISHER et al. - Page 5




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


               and all acoustic energy which impinges thereupon, regardless of the location of origin of that                       
               energy.  This, of course, inherently includes acoustic energy originating at the focal point of the                  
               concave surface defined by the sensing coil.  The "elongated sensing means  .  .  . for detecting                    
               .  .  . " recitation of claim 1 requires no more than this, in our opinion.                                          
                       Likewise, with respect to the second argued distinction, the detector hardware 20, 26                        
               senses the phase difference between the sensing and reference coils and produces signals in                          
               response to impingement along the sensing coil of acoustic energy from any and all locations of                      
               origin, including the focal point of the inner surface defined by the sensing and reference coils.                   
               Further, as the focal point of a spherical surface is equidistant from all points on such surface,                   
               any acoustic energy originating from the focal point will impinge upon all points of the sensing                     
               coil substantially simultaneously.  We appreciate that the detector hardware of the Fisher patent                    
               does not appear to affirmatively discriminate between acoustic energy originating from the focal                     
               point and acoustic energy originating from other locations.  However, claim 1 does not require                       
               such discrimination.                                                                                                 
                       Thus, notwithstanding that the Fisher patent does not make reference to the focal point                      
               of the surface defined by the sensing and reference coils, the sensing coil 121 and detection                        
               hardware 20, 26 of the Fisher patent reasonably appear to inherently meet the limitations                            
               associated with the "sensing means" and "means for processing," respectively, recited in claim                       




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