Appeal No. 2006-1688
Application 09/901,244
alone a body portion having a second opening arranged to be
proximate to a probe end.... The sound wave attenuation unit would
prevent a probe from being covered by the Ouchi [sic] device, much
less allow the Ouchi [sic] device to have a second opening
‘proximate to the probe end’ as is recited in claim 60” (brief,
pages 15-16). Ochi’s ear plug proximal end (16), which is
“detachably attached” to a distal member (14) which includes the
sound wave attenuation unit (22) referred to by the appellants
(col. 2, lines 31-33; col. 3, lines 63-64), has first and second
ends, each with an opening, and a passage between the ends through
which a probe can be inserted, either before the distal member is
attached to the ear plug proximal end or after it has been detached
therefrom, such that the passage is substantially in contact with
the probe along a length of the probe to be covered (figure 5).
Also, Ochi’s ear plug proximal end has a plurality of annular
flanges, the diameter of adjacent flanges decreasing in size from
the first end to the second end. See id.
We therefore find that the appellants’ claimed invention is
anticipated by Ochi.
Rejection under 35 U.S.C. § 102(b) over Killion
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