Ex parte EDGAR - Page 3




                 Appeal No. 1999-0739                                                                                                                   
                 Application 08/747,663                                                                                                                 



                 introducing a liquid under pressure, via openings (7) in the                                                                           
                 ends of the                                                                                                                            
                 fingers, between the taste buds and onto the floor of the                                                                              
                 tongue.  Independent claims 1 and 12 are representative of the                                                                         
                 subject matter on appeal and a copy of those claims can be                                                                             
                 found in the Appendix to appellant’s brief.                                                                                            

                                   The prior art references relied upon by the examiner                                                                 
                 in rejecting the appealed claims are:                                                                                                  
                 Curtis et al. (Curtis)         5,098,291         Mar. 24, 1992                                                                         
                 Nack et al. (Nack)             5,226,197         July 13, 1993                                                                         

                                   As stated in the final rejection (Paper No. 6),                                                                      
                 claims 1 through 6 and 8 through 17 stand rejected under 35                                                                            
                 U.S.C. § 103 as being unpatentable over Curtis, while claims 7                                                                         
                 and 18 stand rejected under 35 U.S.C. § 103 as being                                                                                   
                 unpatentable over Curtis in view of Nack.2                                                                                             

                          2While the examiner has not expressly repeated all of the                                                                     
                 rejections applicable to the claims before us on appeal in the                                                                         
                 examiner’s answer (Paper No. 9), it is clear from a review of                                                                          
                 the final rejection, appellant’s brief (Paper No. 8) and the                                                                           
                 totality of the examiner’s answer (particularly sections 3, 6,                                                                         
                 7 and 8) that the rejections as stated above are those that                                                                            
                 are before us for consideration on appeal.  We are at a loss                                                                           
                 to understand why all of the applicable prior art references                                                                           
                                                                           3                                                                            





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