Appeal No. 2000-0807
Application No. 08/971,647
that "[i]t would have been obvious . . . to adapt Saksa to
include positioning the microphone on the band as is
conventionally done and is shown by Blonder." Appellant argues
(Brief, pages 4 and 6) that Saksa's earphone fails to meet all of
the claimed features regarding the earphone, as Saksa's earphone
is mounted on a thumb thimble which "cannot be inserted in the
ear canal but can only be brought next to the ear." The examiner
responds (Answer, page 4) that "one could and would choose the
appropriate finger and this as claimed does not add patentability
to the claim."
Assuming, arguendo, that Saksa and Blonder can be combined
in the manner proposed by the examiner, and that Blonder provides
sufficient motivation for relocating the microphone of Saksa to a
wristband, we find that the combination fails to meet each and
every limitation of claim 1. In particular, our review of Saksa
reveals that any finger may be used for the earphone thimble (see
column 3, lines 29-30), but the thimble is to be used adjacent
the user's ear, not in the user's ear (see column 3, line 1).
Nowhere does Saksa suggest sizing the thimble to fit the
particular finger to be used nor to fit within the user's ear.
Saksa specifies that the thimble is to remain next to the ear,
not within the ear. Accordingly, Saksa fails to teach or suggest
the "finger thimble having the earphone mounted therein being
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