Appeal No. 2005-1380
Application No. 09/944,314
the mesh screen of Hoerkens gives rise to a “texture,” as defined
above as a series of lines on the surface of the hearing
instrument shell (e.g., see Figures 1 and 3). The step of
“imparting” is achieved by Hoerkens when the mesh screen is
associated with or in contact with the hearing instrument shell
to produce a “texture” (“impart” means to give or grant or give
rise to by contact, association, or influence, as defined above).
The claimed phrase “imparting a texture” does not limit the
number of components, but is merely construed as giving rise to a
series of lines or shapes on the surface of the hearing
instrument shell. Additionally, we note that the mesh screen of
Hoerkens may lie on the surface of the hearing instrument shell
or may be an integral part of the hearing aid (see col. 2, ll.
31-34 and 39-41).
With regard to the rejection over Yoest, appellants argue
that this reference “does not disclose, teach, or suggest, there
or anywhere within the document, the concept of imparting a
texture” (Brief, page 6). This argument is not persuasive since
Yoest discloses that the housing of a hearing aid can have a
sponge-like layer as a cover, this giving rise to a “texture” or
series of lines to the hearing instrument shell (see Figure 4,
92a; col. 1, ll. 59-64). As discussed above, claim 1 on appeal
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