Ex parte MENGEL - Page 13




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


          “attaching said foam to said loudspeaker, either directly or                
          indirectly, with an air-tight attachment to create an                       
          operative portion of said foam, the air tight attachment                    
          substantially preventing air displaced by movement of said                  
          piston from passing between the operative portion of the foam               
          and the piston” [answer, page 5].  Each of Broadley, King and               
          Pohlmann teaches attaching a material to the cone or cone                   
          assembly of a loudspeaker.  The examiner asserts that it would              
          have been obvious to the artisan to attach the                              
          foam cell in Long in the manner suggested by Broadley, King or              
          Pohlmann [Id. at pages 5-6].                                                
          Appellant notes several limitations of independent                          
          claim 28 which are the same as or similar to recitations                    
          previously discussed with respect to claim 25.  For reasons we              
          have discussed above, we agree with appellant that there is no              
          suggestion within the applied references to support the                     
          modifications proposed by the examiner, and the examiner has                
          failed to properly consider specific recitations of the                     
          claims.    Therefore, we do not sustain the rejection of                    
          claims 28-35 as unpatentable over Long in view of Broadley,                 
          King or Pohlmann.                                                           
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