Ex parte GALL - Page 2




          Appeal No. 1999-2553                                                        
          Application No. 08/802,222                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to a snore prevention                
          device.  An understanding of the invention can be derived from              
          a reading of exemplary claims 1 and 5, which read as follows:               
               1.   A snore prevention device for placement in the                    
               mouth of a user, the mouth having an exterior                          
               portion terminating in upper and lower lips, a                         
               posterior portion, and teeth therebetween,                             
               comprising:                                                            
                    an oval plate for receipt in the mouth between                    
               the teeth and the lips, the plate including an                         
               aperture centered therein for accommodating airflow                    
               into and out of the mouth; and                                         
                    a rigid tab member extending lateral from a                       
               first side of the oval plate, the tab member                           
               immediately adjacent the aperture such that when the                   
               oval plate is received in the mouth and the upper                      
               and lower lips are separated, the tab member locates                   
               the aperture to allow for the flow of air into and                     
               out of the mouth therethrough.                                         
               5.   A snore prevention device for placement in a                      
               human mouth having gums therein and terminating at a                   
               pair of lips, comprising:                                              
                    a contoured, elliptical plate for receipt in a                    
               mouth between the gums and the lips, the plate                         
               including an air passage therethrough; and                             
                    means connected to said plate for positioning                     
               the air passage in the mouth and for allowing the                      
               continuous ingress and egress of air through the air                   
               passage when the lips are separated.                                   


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