Ex parte GALL - Page 6




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


          placed in the mouth with its valve opening inwardly, thereby                
          admitting a sufficient quantity of air to supply the lungs but              
          in volume insufficient to cause snoring, the air being                      
          forcibly expelled through the nose at each expiration (page 1,              
          lines 88-99).                                                               
               Neither Steil nor Moulton teaches or suggests a snoring                
          prevention device comprising a plate having an aperture or air              
          passage which permits air flow in both directions, namely,                  
          both into and out of the mouth, through the aperture or air                 
          passage, as required by independent claims 1 and 5.  In this                
          regard, Moulton expressly teaches an air passage which permits              
          air flow in only one direction.  While the flow can be in a                 
          direction either out of or into the mouth, depending on                     
          whether the plate is disposed in the first orientation or the               
          reverse orientation as taught by Moulton, in either case, the               
          air passage is capable of permitting flow in only one                       
          direction, not both directions as required by the claims.                   
          Thus, even if the teachings of Steil and Moulton were combined              
          as proposed by the examiner, the claimed invention would not                




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