Ex Parte Falco - Page 2




                    Appeal No. 2002-2089                                                                                                                                  
                    Application No. 09/482,237                                                                                                                            


                    that insertion of the earplug in an ear of a user results in the                                                                                      
                    stiffness of the stem member decreasing such that at least a                                                                                          
                    portion of the stem member inserted into the ear becomes less stiff                                                                                   
                    upon being inserted and positioned within the ear.  As a result of                                                                                    
                    the above discussed properties, the stem member permits the ear                                                                                       
                    plug to be stiff for insertion into the ear while thereafter                                                                                          
                    becoming less stiff so that any excess pressure caused by the                                                                                         
                    insertion is relieved.  This appealed subject matter is adequately                                                                                    
                    illustrated by independent claims 1 and 19 which read as follows:                                                                                     
                              1.  A hearing protector earplug, comprising:                                                                                                
                              a body having an insertion end and an opposing second end,                                                                                  
                    the body including a stem channel formed therein; and                                                                                                 
                              a stem member disposed within the stem channel, the stem                                                                                    
                    member comprising a material having a glass transition temperature                                                                                    
                    range between about 50 to about 100 degrees Fahrenheit.                                                                                               
                              19.  A hearing protector earplug comprising:                                                                                                
                              a body having an insertion end and an opposing second end,                                                                                  
                    the body including a stem channel formed therein; and                                                                                                 
                              a stem member disposed within the stem channel, the stem                                                                                    
                    member comprising a material such that insertion of the earplug                                                                                       
                    in an ear of a user results in the stiffness of the stem member                                                                                       
                    decreasing such that at least the portion of the stem member                                                                                          
                    inserted into the ear becomes less stiff upon being inserted                                                                                          
                    and positioned within the ear.                                                                                                                        





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