Ex parte MENGEL - Page 11




          Appeal No. 96-1739                                                          
          Application 08/227,301                                                      


          cone or cone support to improve sound quality.  The examiner                
          concludes that it would have been obvious to the artisan to                 
          attach the open foam cell of Long in the manner taught by                   
          Broadley or King [answer, pages 4-5].                                       
          Appellant argues that both modifications to Long                            
          proposed by the examiner are not suggested within the applied               
          references and would have a deleterious effect on the                       
          performance of the Long loudspeaker.  Appellant also argues                 
          that the combination proposed by the examiner still does not                
          address certain limitations of claim 25.  We basically agree                
          with all the arguments of appellant as set forth in the                     
          briefs.                                                                     
          There would apparently be no reason to modify the Long                      
          high frequency loudspeaker to be at least twelve inches in                  
          diameter and to attach the unattached foam cell lens to the                 
          cone or cone assembly.  These modifications would not be                    
          suitable for enhancing the operation of the Long loudspeaker                
          in the intended high frequency operating range.  All the                    
          evidence of record in this case suggests that the                           
          modifications proposed by the examiner reduce the efficiency                
          of the Long loudspeaker.                                                    
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