Appeal No. 95-2600
Application 07/990,458
earphones in Heilig which fit over a user's ear act as a bow
(i.e., as a curved sidepiece passing over the ear). Since the
rod 30 is round it can pivot as well as slide in the socket 31
and so is attached "for rotation about an axis extending in said
direction of sliding movement of the earphone," as recited in
claim 8. The set screw 32 comprises "means for retaining the
earphone rotated at a predetermined angle," as recited in
claim 8. It would have been obvious to the artisan to substitute
the earphone mount of Heilig for the earphone mount in Suwa
because it is a known alternative way to mount an earphone.
CONCLUSION
The rejections of claims 1-7, 9, 10, and 12-14 are
sustained.
The rejections of claims 8, 11, 15, and 16 are reversed.
A new ground of rejection is entered under 37 CFR § 1.196(b)
as to claim 8.
In addition to affirming the examiner’s rejection of one or
more claims, this decision contains a new ground of rejection
pursuant to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by
final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997),
1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)).
37 CFR § 1.196(b) provides, "A new ground of rejection shall not
be considered final for purposes of judicial review."
- 21 -
Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: November 3, 2007