Ex parte SAPIEJEWSKI et al. - Page 5




              Appeal No. 1999-0414                                                                                        
              Application No. 08/625,352                                                                                  


                 threshold that must be overcome in                                                                       
                 order to rotate coupling member 8 or holder 6.  They rotate freely when push-button                      
                 30 is pressed.                                                                                           






                         Alternatively, when push-button 30 of Mirmilshteyn is released, after the most                   
                 comfortable position for the ear cup is chosen, spring 29 engages the half-                              
                 couplings and the coupling member 8 is fixed relative to the headband 3 and holder                       
                 6 is fixed relative to coupling member 8.  Thus, the operation of push-button 30                         
                 either releases elements for free rotation or engages elements to set fixed                              
                 positions.  But, there is no disclosure or suggestion by Mirmilshteyn of adjusting                       
                 torque threshold levels so that application of a predetermined torque is necessary                       
                 to overcome a torque threshold value in order to cause rotation.  Of course, one                         
                 might consider that enough torque applied to the headset components of                                   
                 Mirmilshteyn even in the fixed position (push-button 30 released) would overcome                         
                 the resistance of the fixed position and so one could say that a threshold torque                        
                 value was exceeded.  However, in that case, Mirmilshteyn’s headset would                                 
                 probably be broken and unusable for its intended purpose.  Similarly, one might                          


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