Appeal No. 1999-0455 Application 08/635,483 well known and sized sound conducting tubes including 42 gram wall tubing. Alternatively, the examiner finds that there is no evidence that 40-44 gram wall tubing was not the result of routine experimentation or that 40-44 gram wall tubing is critical to the invention. With respect to the declarations filed under 37 CFR § 1.132, the examiner finds that these declarations do not provide evidence of unexpected results [answer, pages 6-9]. We agree with the position argued by appellants. First, appellants are correct that there is no specific disclosure of 40-44 gram wall tubing in either Smithline, Kebel, Tynan ’989 or Tynan ’827. The most that these references disclose is that the stethoscopes disclosed therein use conventional rubber tubing. There is no indication of what is conventional rubber tubing for a stethoscope. The Thorne Declaration states that most single tube stethoscopes use industry standard “Y” shaped PVC tubing of approximately 30-32 grams of weight [paragraph 4]. This evidence is not contested by the examiner. The Wells Declaration details what appellants argue is the extensive experimentation performed to find that 40-44 gram wall tubing provided the best results. 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007