Appeal No. 2006-1688
Application 09/901,244
over Kerouac in view of Baum
Kerouac discloses “a hand held test probe for use with ear test
equipment” (col. 1, lines 5-6).
The examiner argues that “it would have been obvious to one
having ordinary skill in the art at the time Applicant’s invention
was made to provide the outer surface of an ear probe tip similar to
that of Kerouac with a plurality of annular flanges in view of the
teachings of Baum in order to automatically provide an acoustic seal
with the outer ear cavity that prevents propagation of sound through
the space of the ear cavity surrounding the exterior of the ear
probe tip [Baum, col. 4, lines 10-17], where the probe tip of
Kerouac would remain disposed proximate the second opening of the
ear insert of Kerouac as illustrated in Figures 2 and 8 of Kerouac”
(answer, page 12).1 The appellants argue that “if the ear insert of
Baum were used with the ear probe of Kerouac, the probe tip of
1 The resilient cuff (12) used by Kerouac provides an air-
tight or hermetic seal with the canal (9) walls (col. 2,
lines 19-22).
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