Ex Parte Sun - Page 1



                    The opinion in support of the decision being entered today was not written     
                           for publication and is not binding precedent of the Board.              
                    UNITED STATES PATENT AND TRADEMARK OFFICE                                      
                                           __________                                              
                         BEFORE THE BOARD OF PATENT APPEALS                                        
                                     AND INTERFERENCES                                             
                                           __________                                              
                                    Ex parte WILLIAM Y. SUN                                        
                                           __________                                              
                                         Appeal 2007-0692                                          
                                      Application 10/729,973                                       
                                     Technology Center 1600                                        
                                           __________                                              
                                            ON BRIEF                                               
                                           __________                                              
              Before MILLS, GREEN, and LEBOVITZ, Administrative Patent Judges.                     
              LEBOVITZ, Administrative Patent Judge.                                               

                                     DECISION ON APPEAL                                            
                    Claims 1 and 8 are on appeal.  We have jurisdiction under 35 U.S.C.            
              § 6(b).  We reverse.                                                                 
                                     STATEMENT OF CASE                                             
                    This appeal involves claims to a tongue stabilizer for a laryngoscope          
              blade.  Laryngoscopes are utilized by physicians to visualize the epiglottis         
              (Specification 1).  In an emergency situation where it is necessary to               
              establish an artificial airway, a laryngoscope may be used “to keep the              
              tongue out of the way in order to visualize the epiglottis so that an                
              endotracheal tube can be inserted into the trachea.”  (Id. at 1: 11-12.)  “The       



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Last modified: September 9, 2013