Ex parte KITTELSEN - Page 5




          Appeal No. 1999-2625                                                        
          Application 08/763,929                                                      


          and Poterack disclose dental appliances, the respective                     
          appliances have somewhat dissimilar constructions and                       
          functions.                                                                  
               Ross pertains to “protective mouthpieces for preventing                
          injury to the user” (column 1, lines 15 and 16).  The                       
          embodiment 40 relied upon by the examiner (see Figures 10                   
          through 14) includes two resilient H-shaped channel members                 
          41a and 41b and a resilient labial band 42 connecting the                   
          anterior portions of the channel members.  In use, the channel              
          members fit over and about the upper and lower posterior teeth              
          and the connecting band lies over the front surfaces of the                 
          upper anterior teeth.                                                       
               Poterack relates to “bite blocks for intubated patients                
          in which the compressive force resulting from the closure of                
          the jaws is borne by the molars” (column 1, lines 6 through                 
          8).  Poterack’s bite block 10 includes left and right wedges                
          12a and 12b and a U-shaped rib 14 connecting the anterior                   
          portions of the wedges.  As best seen in Figures 2 and 8, the               
          rib extends forwardly at an inclined angle relative to the                  
          plane of the wedges.  In use, the wedges lie between the                    


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