Ex Parte STEWART - Page 8



          Appeal No. 1999-2339                                                        
          Application No. 08/598,098                                                  

          azimuth.  See pages 4-5 of the answer.  The examiner specifically           
          points to column 2, lines 40 et seq. for the teaching of, in the            
          case of dynamic focusing, changing the delay time of each                   
          delayer.  The examiner also contends that, in Chang, the variable           
          sampling time implements the variable delay and that it is                  
          inherent that any beam has a specific beam width.                           
               The examiner’s rationale appears reasonable in view of the             
          rather broad language of claim 1 and, its method counterpart,               
          claim 10.                                                                   
               Appellant’s principal argument in this regard is that there            
          is no teaching or suggestion, in Chang, of the “specifically                
          selected beam width” [principal brief-page 5].  The only claim in           
          this group which recites a “specific beam width” is claim 13.               
          Thus, the argument is not even germane to claims 1-4 and 10-12.             
          With regard to claim 13, this claim does not recite that the                
          “specific beam width” is “selected,” as now argued by appellant.            
          Accordingly, appellant is, again, arguing limitations which do              
          not appear in the claims and, therefore, the argument is not                
          persuasive.                                                                 
               Moreover, appellant admits, at page 2 of the reply brief               
          [The width of Chang’s beam is determined by the configuration of            
          the transducer array...”], that Chang discloses a selective beam            
                                         -8–                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007