Appeal No. 1999-1663 Application No. 08/715,221 difference in the acoustic velocities of a surface wave. We find that Thompson (‘836) (col. 3, lines 36-38) is measuring the velocity of a transverse or shear wave. We are in agreement with the appellants (reply brief, page 12) that Thompson (‘836) is measuring the stress across the thickness of the test piece (Figure 12), rather than measuring the velocity of a surface stress in a surface layer and evaluating the stress from the differences in acoustic velocities. With regard to the examiner’s assertion (answer, page 4) that Thompson et al (“836”) teaches “evaluating the presence of stress in the test piece by a difference in the applied wave’s velocity (col. 4, lines 16-19),” we note that claim 1 recites “evaluating stress at the loaded portion of said test piece based on a difference in acoustic velocities of said surface wave between the non-loaded portion and the loaded portion of said test piece.” As seen in Figures 7 and 11 of the appellants’ disclosure, the loaded portion is closer to a weld than is the non-loaded portion. From the text of Thompson (‘836) referred to by the examiner (col. 4, lines 16-19), we find that 12Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007