Appeal No. 1999-0455
Application 08/635,483
teaches a stethoscope using well known tubing which includes
42 gram wall tubing. Sprague, Nelson and Tynan ’087 are each
cited to teach stethoscopes having diaphragm structures and
bell components of various sizes. The examiner indicates that
it would have been obvious to the artisan to combine these
teachings [answer, pages 4-5]. Second, the examiner notes
that the preceding rejection may be deemed not to teach the 42
gram wall tubing. The examiner finds that this particular
type of tubing would have been an obvious design expedient
[id., pages 5-6].
Appellants argue that neither Smithline, Kebel, Tynan
’989 nor Tynan ’087 teaches using a 40-44 gram wall tubing.
Appellants also dispute the examiner’s assertion that the use
of such tubing would have been obvious within the meaning of
35 U.S.C. § 103. Appellants argue that the examiner has not
established a proper prima facie case of obviousness.
Appellants also filed two declarations under 37 CFR § 1.132 in
support of their argument that the selection of 40-44 gram
wall tubing was not the result of routine experimentation
[brief, pages 7-10].
The examiner responds that Smithline, Kebel, Tynan
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