Appeal No. 2004-0034
Application No. 09/226,467
the application of a force thereto the foam material temporarily
remains distorted and then slowly recovers its original shape.”
(Column 2, lines 35-38.) The reference further teaches that
this characteristic allows the foam material to surround and
intimately contact a free end of a cord 14 to secure the end in
the plug body. (Column 2, lines 27-42.) Although Powers
teaches that the loss of the earplug in some areas of use (e.g.,
food processing) may cause “great consternation and trauma”
(column 1, lines 5-22), the reference does not teach a
detectable insert encapsulated in the foam plug body as recited
in appealed claim 1.
Leonard teaches that “[w]hen used on a food or beverage
processing line, a pharmaceutical line, or any other processing
line where there is exposure to consumable items, there is a
risk that an earplug may fall into...foodstuff, beverage,
pharmaceutical, or other substance being processed.” (Column 1,
lines 18-23.) To solve this problem, Leonard teaches securing a
detectable insert in a stem of an earplug so that a lost earplug
can be detected using equipment such as a metal detecting
equipment. (Column 2, lines 3-38.)
Thus, substantial evidence supports the examiner’s
determination of obviousness. Specifically, we share the
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