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 3Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007