Ex parte CUSHMAN - Page 8




          Appeal No. 1998-2610                                       Page 8           
          Application No. 08/451,950                                                  


          embodiment of the earphone "comprises a cylindrical or rod-                 
          shaped earplug 4 that can be inserted into the external                     
          auditory meatus 2 of an ear 1, and a cylindrical exciter 5                  
          (elastic vibration generator) coupled to an outer end of the                
          earplug 4 for generating and applying an elastic wave VE                    
          directly to the earplug 4.  Col. 4, l. 66 - col. 5, l. 3.                   
          "The earplug 4 ... is made of a sound insulating material such              
          as an elastic foamed polymer, e.g., urethane foam ...."                     
          Id. at ll. 4-8.                                                             


               "The exciter 5 is in the form of a vibrator for                        
          generating elastic vibration on a vibratory surface 8.  The                 
          exciter 5 may comprise a dynamic exciter 5 as shown in FIG. 4               
          or a magnetic exciter 5 as shown in FIG. 5."  Id. at ll. 27-                
          30.  Although the dynamic exciter has "a circular vibratory                 
          plate 8 of metal or magnetic material such as iron mounted on               
          the open axial end,"  id. at ll. 33-35, the plate is not very               
          small vis-à-vis the earplug.  To the contrary, both of the                  
          figures cited by the examiner, (Examiner's Answer at 4), show               









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