Appeal No. 1999-1663
Application No. 08/715,221
[e]lastic waves can be propagated through a solid in a
longitudinal mode . . . and in a transverse mode . . . .
The technique known as shear wave birefringence utilizes
only the transverse wave which is also known as
the shear wave. Fig. 1 shows an electromagnetic
transducer 1 mounted on a test block 3 which has a
thickness “l.” A current of suitable frequency is
applied. . . to generate a transverse, or shear wave 5,
traveling through the thickness of the block.”
To the extent that Attachment “E” discloses (page 257)
that “[i]n a solid elastic medium of finite size, a
disturbance will produce surface waves in addition to waves
moving through the bulk material,” we note that according to
Attachment “D”
(page 851, col. 2), it is when waves move across an interface
with different elastic properties, that the velocity,
direction, and phase of the wave may be changed and will give
rise to waves of other modes. The disclosure of Thompson
(‘836) is silent as to the creation of surface waves. We note
the examiner’s statement (answer, page 8) that Thompson (‘836)
does not state that the waves generated in his invention do
not include surface waves. However, we are in agreement with
the appellants (brief, page 14) that Thompson (‘836) (col. 4,
lines 65 through col. 5, line 2) makes clear that
unidirectional driving forces are created, and that these
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