Ex parte LIPPA et al. - Page 25




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

                     the patient's body where it is sensed by the tinnitus                                                                                                             
                     suppression and drowsiness it engenders.                                                                                                                          
                                Finally, claim 13 recites "applying said sensory signal                                                                                                
                     to a selected body part of said patient to alleviate said                                                                                                         
                     symptoms of tinnitus."  These means are the electrodes of                                                                                                         
                     Matsushima which are implanted in the patient’s ear as                                                                                                            
                     discussed in the second paragraph above.                                                                                                                          
                                Appellants' arguments that Matsushima fails to disclose                                                                                                
                     the application of audiometric signals to a patient is                                                                                                            
                     unavailing as this claims fails to recite such limitation.                                                                                                        
                                As regards to claim 14, we find that Matsushima                                                                                                        
                     discloses  using stimulation waveforms modulated by 100 Hz or31                                                                                                                                             
                     1000 Hz (both clearly in the audio frequency range), and a                                                                                                        
                     carrier frequency of near 30 kHz,  in the ultrasonic frequency         32                                                                                         
                     range.  While Matsushima teaches that 1000 Hz was least                                                                                                           
                     effective for the suppression and 10 Hz was most effective for                                                                                                    
                     the suppression, the use of the audio range signals is none-                                                                                                      
                     the-less clearly disclosed.  We also note Matsushima's                                                                                                            
                     disclosure of using a carrier frequency which is modulated by                                                                                                     

                                31Sections 6.1 and 7.1.                                                                                                                                
                                32Section 8.                                                                                                                                           
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