Ex Parte SHEEM - Page 6




          Appeal No. 2001-0659                                                        
          Application 08/935,368                                                      

          to the flexible cover 403, not that the flexible cover 403 is               
          sealed to the optical fiber to provide an air-tight cavity.  The            
          flexible cover 403 tube could be open to the atmosphere at the              
          other end and the diaphragm end would still be sealed.  There is            
          no reason why an air-tight cavity would necessarily be inherent.            
          The examiner's reasoning that it would be hard to change the                
          shape of the elastic diaphragm 409 with only the blood pressure             
          without an air-tight cavity (apparently an implied argument of              
          inherency) is not convincing because it takes less force to                 
          deflect a membrane that is open at one side to the atmosphere               
          than if it had to act against an air-tight cavity where the force           
          increases with the amount of deflection.                                    



























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