Ex Parte SPORN - Page 5




          Appeal No. 2000-0807                                                        
          Application No. 08/971,647                                                  


          dimensioned to be insertable into the ear to effectively shield             
          the ear from extraneous sounds . . ., and said finger thimble               
          being dimensioned to conform to the index finger so that it is              
          insertable into the ear of the user."                                       
               Blonder discloses that both the microphone and also the                
          earphone are to be located on the strap or wristband.  Therefore,           
          Blonder does not cure the deficiencies of Saksa.  Consequently,             
          we cannot sustain the obviousness rejection of claim 1 and its              
          dependents, claims 2 through 12 and 15.                                     
                                     CONCLUSION                                       
               The decision of the examiner rejecting claims 1 through 12             
          and 15 under 35 U.S.C. § 103 is reversed.                                   
                                      REVERSED                                        



                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge )                                
                                                       )                              

                                                       )) BOARD OF PATENT             
                         LEE E. BARRETT                )     APPEALS                  
                         Administrative Patent Judge )       AND                      
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         ANITA PELLMAN GROSS           )                              
                         Administrative Patent Judge )                                
          APG:clm                                                                     

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