Ex Parte FALCO - Page 2



         Appeal No. 2004-0034                                                       
         Application No. 09/226,467                                                 

              The subject matter on appeal relates to an earplug (claims            
         1-6, 22, and 23) and to a method of manufacturing an earplug               
         (claims 7-13 and claims 16-21).  Further details of this                   
         appealed subject matter are recited in representative claims 1,            
         7, 13, and 16 reproduced below:                                            
                   1.  An earplug comprising:                                       
                   a foam body free of detectable material; and                     
                   a detectable insert encapsulated within said foam                
              body, said foam body completely surrounding said                      
              detectable insert.                                                    
                   7.  A method of manufacturing an earplug                         
              comprising:                                                           
                   providing an earplug having a foam body free of                  
              detectable material;                                                  
                   forming a channel in said foam body;                             
                   placing a detectable insert in said channel; and                 
                   allowing said foam body to encapsulate said                      
              detectable insert so that said foam body completely                   
              surrounds said detectable insert.                                     
                   13.  The method of claim 7 wherein:                              
                   said channel is formed by inserting a punch in                   
              said foam body.                                                       
                   16.  A method of manufacturing an earplug                        
              comprising:                                                           
                   providing an earplug having a foam body;                         
                   projecting a detectable insert into said foam                    
              body at a predetermined trajectory and speed; and                     
                   allowing said foam body to encapsulate said                      
              insert so that said foam body completely surrounds                    
              said detectable insert.                                               




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