Ex parte LIPPA et al. - Page 1




          The opinion in support of the decision being entered today                  
          was not written for publication and is not binding precedent                
          of the Board.                                                               
                                                            Paper No. 17              
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                    Ex parte ARNOLD S. LIPPA and JAMES A. NUNLEY                      
                                    _____________                                     
                                 Appeal No. 98-0659                                   
                               Application 08/264,527                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    
          Before JERRY SMITH, FLEMING, and RUGGIERO, Administrative                   
          Patent Judges.                                                              
          FLEMING, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               This is a decision on appeal from the final rejection of               
          claims 1 and 10-15.  The Examiner has allowed claims 2-5                    
          and objected to claims 6-9.                                                 
               The invention is directed to a method and apparatus for                
          treating a patient for symptoms caused by tinnitus through                  
          masking the tinnitus by ultrasonic frequency signals                        
          (specification, page 1, lines 1-6 and 24-27).  In one                       


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