Ex Parte TAENZER et al - Page 3




              Appeal No. 2000-1526                                                                                        
              Application No. 08/902,196                                                                                  


                            a stand for mounting the drive coil in the vicinity of the acoustic                           
                     chamber; and                                                                                         
                            a magnetic-to-acoustic converter situated in proximity to the driving                         
                     coil.                                                                                                
                     The examiner relies on the following references:                                                     
              Beaty et al. (Beaty)                              3,985,977             Oct.  12, 1976                      
              Frye et al. (Frye)                                4,065,647             Dec. 27, 1977                       
              Marutake et al.  (Marutake)                       5,101,575             Apr. 23, 1991                       
                     Claims 31-44 stand rejected under 35 U.S.C. § 112, first paragraph, as relying                       
              on an inadequate written description.                                                                       
                     Claims 35-38 and 42-44 stand rejected under 35 U.S.C. § 112, second                                  
              paragraph, as being indefinite.                                                                             
                     Claims 31-47 stand rejected under 35 U.S.C. § 103 as unpatentable over                               
              Marutake in view of Beaty and Frye.                                                                         
                     Reference is made to the brief and the examiner’s supplemental answer                                
              [answer] for the respective positions of appellants and the examiner.                                       
                                                  OPINION                                                                 
                     With regard to the rejection of claims 35-38 and 42-44 under 35 U.S.C. § 112,                        
              second paragraph, it is the examiner’s position that claims 35 and 42 recite the                            
              limitations of “the magnetic drive unit” and “the specified drive characteristic” in lines                  
              10-12 and 12-14, respectively and that these recited limitations have no antecedent                         
              bases.                                                                                                      

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