Appeal No. 1997-1409
Application 08/297,399
We agree with the Examiner that it would have been
obvious to substitute cone-shaped elements for the
hemispherical elements in Falco given the teachings of
cone-shaped elements in Hill and Baum.
We further agree with the Examiner that it would have
been obvious to one of ordinary skill in the art to add a
flange to the stem of Falco in view of the flange 18 or knob
23 in Knudsen for the same purpose of making it easier to
insert and remove the earplug. The knob 23 in figure 4 of
Knudsen shows that the flange may be rounded. Placing the
flange at the rear of the stem in Falco would leave the area
radially beyond and forward of the flange unobstructed. One
of ordinary skill in the art would have realized that the
knob in Knudsen does not require a surrounding skirt to
perform its function.
The Examiner has established a prima facie case of
obviousness with respect to claim 6. The rejection of
claim 6 is sustained.
Appellant does not argue the separate patentability of
claim 7. However, in any case, Knudsen shows the flange
having a smaller diameter than both flanges and, thus, it
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