Appeal No. 2004-0551 Page 13
Application No. 09/393,256
Claim 1
Claim 1 is readable on Kurokawa as follows: An ultrasonic probe (Kurokawa's
ultrasonic vibrator horn 9) comprising: a shaft for transmitting ultrasonic mechanical
vibrations from a source of ultrasonic vibrations (the portion of Kurokawa's ultrasonic
vibrator horn 9 which extends from the electroacoustic transducer 1 to where groove 7
starts); and a probe head at an end of said shaft (the portion of Kurokawa's ultrasonic
vibrator horn 9 which extends from axially forward end portion 5 to where groove 7
starts), said probe head being provided on at least one lateral side with a recess
(Kurokawa's groove 7), said shaft and said probe head having an absence of electrical
circuit elements (Kurokawa's ultrasonic vibrator horn 9 does not include any electrical
circuit elements), said recess being an open container for holding an aliquot of liquid
(Kurokawa's groove is an open container for holding an aliquot of liquid).
The appellant argues (brief, p. 9) that Kurokawa does not disclose the claimed
open container since Kurokawa's groove 7 is a guide for running fluid and is specifically
designed not to hold liquid. The examiner's response to this argument (answer, p. 7) is
that Kurokawa's groove 7 is an open container for holding liquid since the groove 7
contains liquid.
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