Ex parte LIPPA et al. - Page 35




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

                     obvious to one of ordinary skill in the art to combine it with                                                                                                    
                     the enhanced hearing aid which Shannon teaches  is for the                                         40                                                             
                     hearing impaired and is designed for use in high noise and                                                                                                        
                     high-interference environments.  As tinnitus patients suffer                                                                                                      
                     from ringing and other noises, and as both patients of                                                                                                            
                     Matsushima had hearing impairments  in addition to tinnitus,             41                                                                                       
                     it would have been obvious to use both the apparatus for the                                                                                                      
                     suppression of tinnitus as disclosed by Matsushima and the                                                                                                        
                     apparatus for improved hearing of sound as disclosed by                                                                                                           
                     Shannon for these patients.                                                                                                                                       
                                                                          III.  CONCLUSION                                                                                             
                                This decision contains a new ground of rejection pursuant                                                                                              
                     to 37 CFR § 1.196(b).  37 CFR § 1.196(b) provides that ?[a]                                                                                                       
                     new ground of rejection shall not be considered final for                                                                                                         
                     purposes of judicial review.”                                                                                                                                     
                                37 CFR § 1.196(b) also provides that the appellants,                                                                                                   
                     WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise                                                                                                    
                     one of the following two options with respect to the new                                                                                                          



                                40 Column 3, lines 41-51.                                                                                                                              
                                41 Sections 5.1.1 and 5.1.2.                                                                                                                           
                                                                                         35                                                                                            





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