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for publication and is not binding precedent of the Board.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. 20
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte ROBERT FALCO
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Appeal No. 2002-2089
Application No. 09/482,237
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ON BRIEF
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Before GARRIS, PAK, and DELMENDO, Administrative Patent Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the final rejection of
claims 1-5 and 7-29 which are all of the claims remaining in the
application.
The subject matter on appeal relates to a hearing protector
earplug comprising a body having a stem channel formed therein and
a stem member disposed within the stem channel. According to claim
1, the stem member comprises a material having a glass transition
temperature range between about 50 to about 100 degrees Fahrenheit.
Pursuant to claim 19, the stem member comprises a material such
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