Ex parte LIPPA et al. - Page 34




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

          article is "DEVELOPMENT OF IMPLANTED ELECTRICAL TINNITUS                    
          SUPPRESSOR," and the abstract of the 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 for treating a patient for               
          symptoms of tinnitus.                                                       
               The means recited in the first two subparagraphs of this               
          claim are met by Matsushima as set forth above in the means-                
          plus-function analysis.                                                     
               Shannon teaches the last three means recited in this                   
          claim. The hearing aid of Shannon uses a transducer to convert              
          speech sounds to an electrical signal S(t) in the audio                     
          frequency.  See figures 1 and 2, and column 3, lines 41-43.                 
          Elements 2-16 of Shannon convert the audio frequency                        
          electrical signals into ultrasonic frequency electrical                     
          signals.  Components 12 and 14 of Shannon apply the ultrasonic              
          frequency electrical signals physically to the patient.                     
               Thus, Matsushima discloses the tinnitus treating                       
          component of this claim and Shannon discloses the aid for                   
          improved hearing of speech.  We find that it would have been                

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