Appeal No. 1998-2610 Page 11
Application No. 08/451,950
"[a] hearing protection earplug comprised of materials with
embedded metallic particles ...." Accordingly, the
limitations require pieces of metal embedded in an earplug.
The examiner fails to show a disclosure of the
limitations in Tokarz. The reference teaches an "ear plug
composition ...." Col. 1, l. 50. "The ear plug composition
is preferably made of about 14.62% Soya Lecithin, 14.62%
yellow Beeswax, 69.51% starch and trace amounts of vitamins A,
C, and E and a biocidally effective amount of Grapefruit Seed
Extract." Id. at ll. 50-54. "The starch for the composition
should be a starch based ester of a dicarboxylic acid with
Aluminum Starch Octenylsuccinate being preferred." Id. at ll.
58-60. "Other water soluble salts of starches could be used,
an Aluminum based salt is not exclusive. Other salts may be
based on copper, mercury, zirconium, calcium, iron, chromium,
tin, barium and strontium." Col. 2, ll. 2-6.
Although the salts are based on metals, the salts are not
metals. Because Tokarz's salts are not metals, we are not
persuaded that the reference discloses the limitations of "[a]
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