Ex parte LIPPA et al. - Page 17




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

                     Specifically, Appellants assert that Matsushima does not                                                                                                          
                     disclose applying a noise signal to the body, or the                                                                                                              
                     production of an auditory frequency range signal.  In                                                                                                             
                     addition, Appellants again assert that the coils of Matsushima                                                                                                    
                     do not constitute transducer means.                                                                                                                               
                                As regards to the Shannon reference, Appellants note that                                                                                              
                     this reference is not concerned with treatment of tinnitus                                                                                                        
                     symptoms and as such is irrelevant to both the claimed                                                                                                            
                     invention as well as [the Matsushima].  Appellants also assert                                                                                                    
                     that no purpose has been articulated in the final Office                                                                                                          
                     action for the proposed modification to "modulat[e] the                                                                                                           
                     conduction frequency with the stimulus frequency of Matsushima                                                                                                    
                     et al" as stated in the office action.                                                                                                                            
                                Finally, Appellants argue  that the Office action fails21                                                                                               
                     to explain the proposed modification of the Matsushima device                                                                                                     
                     in view of Shannon, and that there is no modulator in the                                                                                                         
                     Matsushima device.                                                                                                                                                
                                The Examiner asserts  that the signal generator shown by22                                                                                                          
                     figure 1 of Matsushima generates a 10 Hz signal among other                                                                                                       

                                21Brief, page 8.                                                                                                                                       
                                22 Answer, page 10.                                                                                                                                    
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