Ex parte CUSHMAN - Page 6




          Appeal No. 1998-2610                                       Page 6           
          Application No. 08/451,950                                                  


          a support member 1" col. 3, ll. 16-17, of the ear microphone,               
          and large enough "to surround the periphery of an                           
          electroacoustic transducer element 2," id. at ll. 19-20, of                 
          the microphone.  Furthermore, the spring 6 is shown as longer               
          than the support member 1.  Fig. 4.                                         


               Similarly, the fibrous sleeve is large enough in diameter              
          to "enclos[e] the electroacoustic transducer element ...."                  
          Col. 6, ll. 50-51.  Furthermore, the sleeve 12 is shown as                  
          longer than and having a diameter almost as great as that of                
          the support member 1.  Fig. 12.  Because Yoshii's coil spring               
          and fibrous sleeve are large enough to enclose the reference's              
          electroacoustic transducer element and longer than Yoshii's                 
          support member, we are not persuaded that the reference                     
          discloses the limitations of "[a] hearing protection earplug                
          comprised of materials with embedded metallic particles ...."               
          Therefore, we reverse the rejection of claim 18 as anticipated              
          by Yoshii.  We next consider the examiner's rejection relying               
          on Yoshimi.                                                                 










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