Ex parte BLIND et al. - Page 9




          Appeal No. 96-2871                                                          
          Application 08/352,964                                                      


          sound absorption, we find that Erickson’s enclosure does meet               
          the claim language.                                                         
               With regard to claim 2, Appellants argue that Erickson’s               
          cover does not have a foot print substantially coinciding with              
          the aperture, without further explanation.  After viewing the               
          drawings of Erickson, we agree with the Examiner that cover 20              
          appears to have the claimed footprint of the aperture in panel              
          12.                                                                         
               Appellants urge at page 11 of the brief “[i]t [Erickson]               
          lacks the air gap with a flow path substantially perpendicular              
          to the axis recited in claim 5 (in fact, Erickson’s exhaust                 
          hole 22 is coaxial with the speaker and aperture).”  However,               
          claim                                                                       
          5 recites that at least a portion of said flow path be                      


          substantially perpendicular to said axis.  We find that arrows              
          A4 in Figure 6 of Erickson clearly show this limitation.                    
               With regard to claim 6, Appellants argue that Erickson                 
          lacks the acoustic labyrinth claimed.  Noting Appellants’                   
          labyrinth as 46 in their Figure 7, we find that the air flow                
          A4 (noted supra) of Erickson, traverses an acoustic labyrinth               
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