Ex parte DIBACHI et al. - Page 4




          Appeal No. 1998-0743                                                        
          Application 08/214,169                                                      


          Regarding independent claims 1, 5 and 13, we do not agree with              
          the examiner’s position at page 14 of the answer that,                      
                         Since Kimball teaches the single                             
                    sideband modulated signal (the sum of the                         
                    modulated carrier 250Hz) which is applied                         
                    to a transducer (115) to produce a                                
                    vibratory signal; it therefore would have                         
                    been obvious to one skilled in the art to                         
                    provide means for forming a single sideband                       
                    amplitude modulate frequency signal, as                           
                    taught by Kimball, in the Lenhard system                          
                    for transmitting the sound signals to the                         
                    human body in a desired range.                                    

          As noted by appellants in their supplemental brief, there is                
          no reason why one of ordinary skill in the art would have been              
          motivated to transmit signals in a desired range.  Lenhardt                 
          does not pertain to a communication system wherein modulated                
          carrier signals are transmitted from a transmitter to a                     
          receiver over the airwaves or through wires.  Lenhardt                      
          discloses a hearing aid wherein the vibrator which applies                  
          vibrations to the skull for bone conduction must provide such               
          vibrations at a frequency in the supersonic range.  There is                
          no need to reduce bandwidth in Lenhardt’s apparatus since it                
          is not a communication system, and thus does not operated                   
          under communication channel bandwidth limitations because it                

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