Ex Parte SPORN - Page 3




          Appeal No. 2000-0807                                                        
          Application No. 08/971,647                                                  


               Reference is made to the Examiner's Answer (Paper No. 19,              
          mailed November 10, 1999) for the examiner's complete reasoning             
          in support of the rejection, and to appellant's Brief (Paper                
          No. 18, filed August 30, 1999) and Reply Brief (Paper No. 20,               
          filed November 23, 1999) for appellant's arguments thereagainst.            
                                       OPINION                                        
               We have carefully considered the claims, the applied prior             
          art references, and the respective positions articulated by                 
          appellant and the examiner.  As a consequence of our review, we             
          will reverse the obviousness rejection of claims 1 through 12 and           
          15.                                                                         
               Independent claim 1 recites, in pertinent part, "a                     
          microphone mounted on the strap" and "an earphone mounted within            
          a finger thimble."  More specifically, the finger thimble is                
               dimensioned to be insertable into the ear to                           
               effectively shield the ear from extraneous sounds,                     
               . . . said finger of the hand being an index finger,                   
               and said finger thimble being dimensioned to conform to                
               the index finger so that it is insertable into the ear                 
               of the user.                                                           
          Thus, claim 1 requires a microphone on the wristband or strap and           
          an earphone mounted within a thimble which is dimensioned to fit            
          into the user's ear.                                                        
               The examiner rejects claim 1 over Saksa and Blonder.  The              
          examiner asserts (Answer, page 3) that "Saksa teaches all                   
          features claimed except for the location of the microphone," and            

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