Ex parte LIPPA et al. - Page 23




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

                     article notes the treatment of 2 tinnitus patients.  In                                                                                                           
                     addition, sections 5-7 of the article discuss implantation of                                                                                                     
                     the device in the patients, evaluation of the tinnitus                                                                                                            
                     suppressor, and the results of its use on the patients.                                                                                                           
                                Next, this claim recites "generating a masking noise                                                                                                   
                     signal in an ultrasonic frequency range.”  We again note that                                                                                                     
                     Appellants have described  an embodiment of their invention26                                                                                                          
                     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 above 20,000                            27                                                                      
                     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 is directed to this mode of                                                                                                         
                     electrode application of such signals to a patient.                                                                                                               
                                Appellants have admitted  that the Matsushima signal is28                                                                                                  
                     an electrical signal applied to the patient.  The article is                                                                                                      





                                26 Specification, page 3, lines 35-37.                                                                                                                 
                                27Specification, lines 12-17.                                                                                                                          
                                28 Brief, page 6.                                                                                                                                      
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