Ex parte CUSHMAN - Page 12




          Appeal No. 1998-2610                                      Page 12           
          Application No. 08/451,950                                                  


          hearing protection earplug comprised of materials with                      
          embedded metallic particles ...."  Therefore, we reverse the                
          rejection of claims 18 and 19 as anticipated by Tokarz.                     


                                     CONCLUSION                                       
               In summary, the rejection of claim 18 under 35 U.S.C.                  
          § 102(b) as anticipated by Yoshii is reversed.  The rejections              
          of claims 18 and 19 under § 102(b) as anticipated by Tokarz                 
          and under 35 U.S.C. § 102(a) as anticipated by Yoshimi are                  
          also reversed.                                                              


























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