Ex parte KILLION - Page 8




          Appeal No. 96-0548                                                          
          Application 08/161,691                                                      


               Moreover, although Claim 54 is not so limited, Iwanaga                 
          suggests using the battery warning circuit for a hearing aid                
          because a hearing aid is a common battery operated implement.               
          Column 1, lines 5-11.                                                       
               Therefore, the subject matter of Claim 54 is fully                     
          disclosed (or at least suggested) by Iwanaga.  The rejections               
          of Claims 54-58 will be sustained.                                          
          New Ground of Rejection                                                     
               Claims 39-58 are hereby rejected under 35 U.S.C. § 103 as              
          unpatentable over Fletcher in view of Iwanaga.  Fletcher                    
          discloses a hearing aid malfunction detection system and                    
          provides to the user an unspecified warning system 30.  Thus,               
          to practice Fletcher, one skilled in the art must look to                   
          another source for the specifics of a warning system.                       
               Iwanaga provides a warning system for any battery                      
          operated electric implement.  Column 1, lines 5-11.  Iwanaga’s              
          system provides an intermittent oscillation to a buzzer.  The               
          buzzer sounds intermittently to warn the user of a low                      
          battery, and the then sounds at lesser intervals when the                   
          battery level becomes even more critically low.  In other                   
          words, the buzzer sounds more frequently.  We find that this                

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