Appeal No. 1998-0659
Application No. 08/264,527
The Examiner further argues that since figure 3 of 10
Matsushima shows the pair of coils (stimulus and conduction
coils) in a contiguous relation such as in a mixer/modulator
configuration, the 10Hz signal is modulated onto the 30 kHz 11
conduction signal as shown by figures 3 and 6 of this
reference.
In respect to Appellants' argument that the output
signals of Matsushima are not applied physically to the
patient to treat tinnitus, the Examiner notes line 7 of the
abstract of this reference as providing for the first coil
being implanted in the temporal bone of the patient's ear,
thus being in physical contact with the patient. Moreover,
the Examiner notes that the second coil is on the ear of the
patient and thus in physical contact with the patient, and
notes the picture of figure 2 for support.
The abstract of Matsushima is then cited by the Examiner
to show that the Matsushima device provided complete tinnitus
10 Brief, page 7.
11 Although the Answer uses the word "masked," it is
apparent from the context of the sentence that the Examiner
intended to use the word "modulated."
8
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