Ex parte LEIGHT - Page 2




          Appeal No. 1997-1409                                                        
          Application 08/297,399                                                      

               This is a decision on appeal under 35 U.S.C. § 134 from                
          the final rejection of claims 1 and 3-8.  Claim 2 has been                  
          canceled (Paper No. 14).                                                    
               We affirm-in-part.                                                     
                                    BACKGROUND                                        
               The disclosed invention is directed to a molded earplug                
          which provides enhanced sound protection and more                           
          comfortable withdrawal of the earplug from the ear.                         
               Claim 1 is reproduced below.                                           
                    1.  An earplug comprising:                                        
                    A unitary molded earplug having an axis that                      
               extends in forward and rearward directions, having an                  
               elongated central stem portion which extends along said                
               axis and which has forward and rearward stem portion                   
               ends, and having a plurality of hollow truncated cone                  
               elements including a first cone element, with each of                  
               said cone elements having an apex end part merging with                
               said stem portion and having a rear end part with an                   
               extreme rear end, and with each cone element extending                 
               with rearward (R) and radially outward (A) directional                 
               components from its apex end part along most of the                    
               axial length of the cone element to its extreme rear                   
               end, said apex end parts of said cone elements being                   
               spaced apart along said stem;                                          
                    said rear end part of said first cone element                     
               having a maximum thickness which is no more than 7                     
               percent of the diameter of said extreme rear end, and                  
               said cone rear end part having an outer surface forming                
               an included angle of between 50E and 85E as seen in a                  
               sectional view taken perpendicular to said axis.                       

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