Ex parte CUSHMAN - Page 1




             The opinion in support of the decision being entered today was not written
             for publication in a law journal and is not binding precedent of the Board.
                                                                 Paper No. 11         
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                              Ex parte WILLIAM B. CUSHMAN                             
                                     ____________                                     
                                 Appeal No. 1998-2610                                 
                              Application No. 08/451,950                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before FLEMING, HAIRSTON, and BARRY, Administrative Patent                  
          Judges.                                                                     
          BARRY, Administrative Patent Judge.                                         



                                  DECISION ON APPEAL                                  
               This is a decision on appeal under 35 U.S.C.  134 from                
          the  rejection of claims 18 and 19.  We reverse.                            


                                     BACKGROUND                                       
               The invention at issue in this appeal relates to earplugs              
          to protect hearing.  The need for hearing protection in noisy               
          environments has long been recognized.  Besides providing such              
          protection, however, an earplug ideally should be detectable                






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