Appeal No. 2001-0250 Page 25
Application No. 08/283,074
not launch acoustical energy let alone launch acoustical
energy through the sidewall. The microphones are "used to
measure the sound pressure at two points in the tube." P.
1366. One of ordinary skill in the art would know that
microphones do not launch acoustical energy. To the contrary,
microphones receive such energy and convert it to electrical
signals.
Because Seybert's microphones do not launch acoustical
energy, we are not persuaded that the reference discloses the
aforementioned limitations. Therefore, we reverse the
rejection of claims 23, 39, and 67 as anticipated by Seybert.
We end by noting that our affirmance is based only on the
arguments made in the briefs. Arguments not made therein are
not before us, are not at issue, and are considered waived.
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