Ex Parte Lucey - Page 3




                     Appeal No. 1998-1328                                                                                                                                              
                     Application No. 08/341,500                                                                                                                                        


                                an outer conductor concentrically disposed about said                                                                                                  
                     first insulator; and                                                                                                                                              

                                an outer jacket concentrically disposed about said outer                                                                                               
                     conductor,                                                                                                                                                        
                                wherein said inner conductor imparts to said microphone                                                                                                
                     boom a characteristic of being freely positionable by a user,                                                                                                     
                     said microphone boom maintaining a first position until moved                                                                                                     
                     to a further position by said user.                                                                                                                               
                                The Examiner relies on the following references:                                                                                                       
                     Litauer                                               4,259,544                                                       Mar. 31,                                    
                     1981                                                                                                                                                              
                     Sacherman et al.                                      5,369,857                                                       Dec.  6,                                    
                     1994                                                                                                                                                              

                                Claims 1-15 are rejected under 35 U.S.C. § 103 as being                                                                                                
                     unpatentable over Sacherman in view of Litauer.                                                                                                                   
                                Rather than reiterate all arguments of the Appellant and                                                                                               
                     the Examiner, reference is made to the briefs and the answers                                                                                                     
                     for the respective details thereof.2                                                                                                                              
                                                                                   OPINION                                                                                             
                     We will not sustain the rejection of claims 1-15 under 35                                                                                                         


                                2 See Appellant's brief (hereinafter the brief) filed                                                                                                  
                     August 18, 1997 and the Reply Brief filed October 30, 1997.                                                                                                       
                     See also the Examiner's answer (hereinafter answer) filed                                                                                                         
                     September 5, 1997 and the Supplemental Answer filed November                                                                                                      
                     6, 1997.                                                                                                                                                          
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