Appeal No. 1998-2610 Page 7
Application No. 08/451,950
Rejection relying on Yoshimi
The examiner asserts, "the metallic plate (8 or 6) in
Yoshimi are [sic] inherently formed of the metallic particles.
These metallic particles of the metallic coil or sleeve or
plate in ... Yoshimi are embedded in the earplug."
(Examiner's Answer at 4.) The appellant argues, "a circular
vibratory plate are all parts, not particles ...." (Appeal
Br. at 4.)
As mentioned regarding the rejection over Yoshii, claim
18 requires pieces of metal that are very small in relation to
the earplug in which the pieces are embedded. Because it
depends from independent claim 18, claim 19 includes the
limitations of the independent claim. See 37 C.F.R.
§ 1.75(c)(2000). Accordingly, claims 18 and 19 require pieces
of metal that are very small in relation to the earplug in
which the pieces are embedded.
The examiner fails to show a disclosure of the
limitations in Yoshimi. The reference teaches several
embodiments of "an earphone ...." Col.1, l. 9. One
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