Ex parte LIPPA et al. - Page 10




                     Appeal No. 1998-0659                                                                                                                                              
                     Application No. 08/264,527                                                                                                                                        

                     patients, evaluation of the tinnitus suppressor, and the                                                                                                          
                     results of its use on the patients.                                                                                                                               
                                Next, this claim recites "means for generating a masking                                                                                               
                     noise signal in an ultrasonic frequency range."  Initially, it                                                                                                    
                     is noted that Appellants have described  an embodiment of                           12                                                                            
                     their invention wherein electromagnetic signals are applied to                                                                                                    
                     the patient's body by electrodes.  The signals are in the                                                                                                         
                     ultrasonic frequency range which Appellants recognize  to be                                                      13                                              
                     above 20,000 hertz and extending to approximately the 100,000                                                                                                     
                     hertz range, with an ultrasonic carrier of 25,000 to 30,000                                                                                                       
                     hertz being found to work well.  Claim 11, which is dependent                                                                                                     
                     from claim 1, is directed to this mode of electrode                                                                                                               
                     application of such signals to a patient.                                                                                                                         
                                Appellants have admitted  that the Matsushima signal is14                                                                                                  
                     an electrical signal applied to the patient.  The article is                                                                                                      
                     also replete  with references to their device providing15                                                                                                                                      


                                12 Specification, page 3, lines 35-37.                                                                                                                 
                                13 Specification, page 3, lines 12-17.                                                                                                                 
                                14 Brief, page 6, and Reply Brief, page 3.                                                                                                             
                                15See, inter alia, sections 2, 5.2, 6.4 and 9; figures 1-                                                                                              
                     3.                                                                                                                                                                
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