Appeal No. 1998-2610 Page 10
Application No. 08/451,950
Because Yoshimi's vibratory plates have a diameter that
is greater or the same as that of the reference's earplug, 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 claims 18 and 19 as anticipated by Yoshimi. We
next, and last, consider the examiner's rejection relying on
Tokarz.
Rejections relying on Tokarz
The examiner asserts, "Tokarz teaches a hearing
protection
earplug which is comprised of materials ...." (Examiner's
Answer at 3.) She further asserts, "salt based on iron is
included [sic] metallic particles. These metallic particles
are embedded with other materials for forming the earplug."
(Id. at 4.) The appellant argues, "[a] metallic salt is not a
metal ...." (Appeal Br. at 5.)
As implied regarding the rejection over Yoshimi, claims
18 and 19 specify in pertinent part the following limitations:
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