Ex Parte STEWART - Page 9



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

          width, i.e., the selection of the transducer array configuration            
          will determine the beam width.  Accordingly, we find no                     

          convincing argument by appellant to overcome the examiner’s prima           
          facie case of obviousness.                                                  
               Appellant’s other arguments, relative to Chang, regarding              
          dynamically focussing a beam at a plurality of independent points           
          on an object rather than collecting all of the data within a                
          prescribed beam [principal brief-page 5; reply brief-page 2] are,           
          again, directed to limitations not appearing in the claims.  If             
          these argued features do, somehow, refer to certain claim                   
          limitations, appellant has not pointed out the specific claim               
          language to which he refers.                                                
               Accordingly, we will sustain the rejection of claims 1-4 and           
          10-13 under 35 U.S.C. 103.                                                  
               Regarding the rejection of claim 9 under 35 U.S.C. 103 over            
          Elko and Gale, the examiner clearly explains the rejection at               
          pages 5-6 of the answer.                                                    
               Appellant argues that Elko’s taps, in Figure 1, do not have            
          “adjustable relative time delays” as recited in claim 9, but,               
          instead, they have “fixed” relative time delays.  Moreover,                 
          appellant argues, there is no teaching of “computer controlled              
                                         -9–                                          




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