Ex parte DVORSKY et al. - Page 7




          Appeal No. 95-4871                                                          
          Application No. 08/172,666                                                  


          disclosed by Wingrove or, in the alternative, to effect                     
          complete encapsulation of Evans' device based upon the                      
          teachings of Wingrove.                                                      
               Appellants repeat their argument that the applied                      
          references are not concerned with encapsulation of a                        
          piezoelectric ceramic with a non-conductive fiber composite                 
          material, and are not concerned with the differences in                     
          thermal expansion between the ceramic and the encapsulant                   
          (Brief, pages 6 and 7).                                                     
               We are of the opinion that the examiner has failed again               
          to demonstrate that the prior art suggested the desirability                
          of either proposed modification.  The need for Evans’ epoxy                 
          impregnated fiberglass cloth in Wingrove’s implantable hearing              
          aid has not been established, and the examiner has not                      
          explained how a completely encapsulated transducer in Evans                 
          will function as a piano key.  The obviousness rejection of                 
          claims 8 through 11 and 23 is reversed.                                     







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