Ex Parte JAPUNTICH et al - Page 5



          Appeal No. 2003-1945                                                        
          Application No. 08/240,877                                                  

          appellants and the examiner regarding the merits of these                   
          rejections.3                                                                
                                    DISCUSSION                                        
               Simpson, the examiner’s primary reference, discloses a                 
          respiratory face mask comprising a pouch 1-5 composed of at least           
          one sheet of filtration-effective material and at least one sheet           
          of backing material, a strap 10 for securing the pouch over the             
          nose and mouth of a user, and an exhalation valve 12 positioned             
          on the pouch adjacent the user’s nose and/or mouth to prevent the           
          build-up of water vapor in the filtration-effective material                
          during exhalation.  In one embodiment, the exhalation valve takes           
          the form of a flap valve:                                                   
               [t]he flap valve 13 of Fig. 2 comprises a flexible                     
               circular flap member 15 of, for example, plastics                      
               material, which is arranged to cover and [close] valve                 
               openings 16 during inhalation and to flex away from                    
               those openings during exhalation.  To allow flexing of                 
               the flap member 15 a part of its peripheral portion, a                 
               segment of the flap member, is fixed in position, the                  
               remaining part of the flap member being left free.  The                
               valve is fitted in an aperture in the mask and is held                 
               in place by a retaining ring 17 which engages the edge                 
               portion of that opening to provide an effective seal                   
               [page 2, lines 37 through 50].                                         

               3 In the last Office action (Paper No. 56), claim 66 also              
          stood rejected under 35 U.S.C. § 112, second paragraph, as being            
          indefinite.  As this rejection has not been restated in the                 
          answer, we assume that it has been withdrawn by the examiner in             
          view of the above noted amendment of claim 66.                              
                                          5                                           



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