Appeal No. 1998-0659
Application No. 08/264,527
reference is directed to translating audiometric signals into
the ultrasonic range, which can be delivered by an ultrasonic
transducer, to allow an individual to perceive the ultrasonic
signal as audible sound.
Merely because Matsushima and Shannon are directed in
some manner to audio and ultrasonic signals does not provide a
basis for the claimed use of a transducer for converting
sounds in an auditory frequency range into audio frequency
electrical signals. This finding is further supported by the
earlier claim limitation of "means for generating a masking24
noise signal in the ultrasonic frequency range." There is
clearly no need in Matsushima for both the signal generator
and the converter as claimed.
Therefore, we will not sustain the rejection of claim 12
under 35 U.S.C. § 103 as being unpatentable over Matsushima
when taken with Shannon.
As regards claim 13, Appellants argue generally that 25
neither Matsushima nor Shannon suggests the claimed method.
Specifically, Appellants assert that Matsushima does not teach
24 Brief, page 10, lines 3-4.
25 Brief, page 8.
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