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for publication in a law journal and is not binding precedent of the Board.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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