Ex Parte LADABAUM - Page 4



          Appeal No. 2003-0295                                                        
          Application 09/435,324                                                      

          line 67 - col. 4, line 2; col. 5, lines 44-46).  As shown in                
          Barthe’s figure 2, the top surface of the interelement filler is            
          not above a top surface of frontal matching layer 112, and the              
          examiner has not established that Barthe would have fairly                  
          suggested, to one of ordinary skill in the art, eliminating                 
          frontal matching layer 112 or extending the interelement filler             
          beyond frontal matching layer 112.                                          
               The examiner argues that “nothing in applicant[‘]s claims              
          excludes additional matching layers” (answer, page 4).  That is             
          correct.  However, if the transducer includes a matching layer as           
          its top surface, then the top wall of the acoustic insulator or             
          means for minimizing signal transmission must be above a top                
          surface of the matching layer.  As discussed above, Barthe’s                
          interelement filler 124 does not meet this requirement.                     
               The examiner argues that “nothing in Barthe indicates #112             
          and #114 are to be considered as the “transduction elements”                
          (answer, page 4).  That is correct.  Frontal matching layers 112            
          and 114 are not part of transduction elements 110.  They are,               
          however, part of transducer 100 (figure 1).  Thus, the examiner’s           
          argument that “including #112 and #114 as ‘the transducer’ is an            
          unduely [sic] restrictive view of Barthe which is not backed by             
          anything in the Barthe document” (answer, page 5) is incorrect.             
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