Appeal 2007-2783
Reexamination 90/005,509
Patent 5,533,499
least one of said side edges by more than said
width of said resilient member; and
engagement means adhered to said end
surfaces and capable of engaging exposed surfaces
of nasal outer wall tissues sufficiently to remain so
engaged against said restoring forces, said truss
and said engagement means being capable of being
manually released from exposed surfaces of any
nasal outer wall tissues engaged by said
engagement means.
7. Iriarte discloses an orthopaedic adhesive with substantially the
same use as that contemplated by the patentee. Iriarte indicates that its
orthopaedic adhesive is for eliminating snoring and vestibular respiratory
insufficiency. (Iriarte 2:29-33).
8. In Figure 1, Iriarte discloses an embodiment made of a
single layer of elastic material for placement on the nose and which
acts as a “spring” to promote nasal-sinusal respiration. (Iriarte 3:11-
13).
9. In Figure 2, Iriarte discloses a second embodiment in
which the elastic lamina layer 1 is first attached via one face to a
larger body which is then adhered to the nose, with the elastic layer
positioned between the larger planar body 2 and the nose. (Iriarte
3:19-23; 4:1-5; Figs. 2, 3). It is this second embodiment which the
Examiner regards as anticipating the patentee’s claims 1, 8, 49 and 53.
10. The patentee does not dispute that plastic was a known
flexible material to one with ordinary skill in the art at the time of the
invention.
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