Ex parte BLIND et al. - Page 10




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


          as claimed.                                                                 
               With respect to the “slot adapted to receive speaker                   
          wires” of claim 8, we find this is met by Erickson at column                
          4, lines 56-58 as noted by the examiner.                                    
               Regarding claim 15, the arguments relative to claim 1                  
          support Erickson’s anticipation of this claim.                              
               For the above reasons we will sustain the Examiner’s                   
          35 U.S.C. § 102 rejection of claims 1, 2, 5, 6, 8 and 15.                   
          Likewise, since claims 3, 4 and 9 through 14 stand or fall                  
          with the claim from which they depend, we will sustain the                  
          Examiner’s rejections of these claims.                                      
               Finally, looking at the 35 U.S.C. § 102 rejection of                   
          claim 7, we see the claimed air gap as located “between said                
          sound absorbing cover and said structural panel.” (emphasis                 
          added).  We note that the “air gap” recited in claim 1 (from                
          which claim 7 depends) is defined by the “first sound                       
          absorbing barrier” (e.g. Erickson’s cover).  Also, the claimed              
          air gap vents “said space [behind the speaker] to said                      
          exterior”.  As discussed with regard to claim 5 supra,                      
          Appellants acknowledge the air gap as 22 in Erickson.  Looking              
          at 22 in Erickson, we cannot find that the claim 7 limitations              
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