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. 4Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007