Ex parte LIPPA et al. - Page 24




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

                     also replete  with references to their device providing29                                                                                                                                      
                     electrical stimulation and using electrodes.  Furthermore,                                                                                                        
                     Matsushima discloses  using a carrier frequency near 30 kHz30                                                                                                                     
                     and stimulation signals of which 10 Hz, which was the lowest                                                                                                      
                     frequency among those compared, and the one which most                                                                                                            
                     strongly suppressed the tinnitus.  Thus, the Matsushima                                                                                                           
                     tinnitus suppressor operates in the ultrasonic frequency                                                                                                          
                     range.                                                                                                                                                            
                                Therefore, as both Matsushita's and Appellants' apparatus                                                                                              
                     supply electrical noise signals in the ultrasonic frequency                                                                                                       
                     range to the patient, the claimed "generating a masking noise                                                                                                     
                     signal in an ultrasonic frequency range" is disclosed by                                                                                                          
                     Matsushima.                                                                                                                                                       
                                Claim 13 then recites "converting said masking noise                                                                                                   
                     signal into a human sensory signal."  The circuitry disclosed                                                                                                     
                     by Matsushima at section 2 and figure 1 provide such                                                                                                              
                     conversion through the application of the electrical signal to                                                                                                    




                                29 See, inter alia, sections 2, 5.2, 6.4 and 9; figures 1-                                                                                             
                     3.                                                                                                                                                                
                                30 Section 8, first paragraph.                                                                                                                         
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