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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