Ex Parte No Data - Page 3

                Appeal 2007-2783                                                                             
                Reexamination 90/005,509                                                                     
                Patent 5,533,499                                                                             
                      1.    The patent under reexamination, Patent 5,533,499, was issued                     
                on July 9, 1996, based on Application 08/183,916, and filed January 19,                      
                1994.                                                                                        
                      2.    The invention is directed to a nasal dilator for preventing the                  
                outer wall tissue of nasal passages from drawing in during breathing, thus                   
                alleviating breathing difficulties.  (Specification col. 1:10-32; col. 2:23-25).             
                      3.    The nasal dilator of the invention comprises a truss member                      
                having a first end region adapted to engage the outer wall tissue of a first                 
                nasal passage, a second end region adapted to engage the outer wall tissue of                
                a second nasal passage, and an intermediate segment connecting the first and                 
                second end regions and traversing that portion of a nose between the first                   
                and second nasal passages.  (Specification col. 2:24-32).                                    
                      4.    The Examiner has confirmed the patentability of claims 10-17                     
                and 52.  Those claims have not been rejected and are not on appeal.                          
                      5.    Claim 1, rejected as anticipated by Iriarte, is reproduced below:                
                            1.     A nasal dilator for preventing outer wall tissue of                       
                      nasal passages of a nose from drawing in during breathing,                             
                      comprising:                                                                            
                            a unitary truss member having an initial state, the unitary                      
                      truss member including:                                                                
                                   a first end region adapted to engage the                                  
                            outer wall tissue of a first nasal passage;                                      
                                   a second end region adapted to engage the                                 
                            outer wall tissue of a second nasal passage;                                     
                                   an intermediate segment configured to                                     
                            traverse a portion of a nose located between the                                 

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