Ex parte MARTIN - Page 2




          Appeal No. 95-1744                                                          
          Application 08/216,543                                                      


          depends.  Claims 1-7 and 17-20, the only other claims present in            
          the application, stand allowed.                                             
               We REVERSE.                                                            
               The appellant’s invention pertains to a nasal                          
          aspirator/irrigation device.  Independent claim 8 is further                
          illustrative of the appealed subject matter and reads as follows:           
               8.  A nasal aspirator/irrigation device comprising:                    
                    a hollow body having a top portion and a bottom                   
                    portion opposite said top portion;                                
                    a hollow capture chamber connected to said body                   
                    bottom portion;                                                   
                    a nasal conduit connected to said body top                        
                    portion, having a free end portion dimensioned to                 
                    fit into a human nostril;                                         
                    a vacuum-connection conduit connected to said body                
                    top portion remote from said nasal conduit;                       
                    a vacuum-control opening operatively defined in                   
                    said body top portion, remote from said nasal                     
                    conduit;                                                          
                    said device being dimensioned to fit in an adult                  
                    human hand; and                                                   
                    wherein said nasal conduit free end has the                       
                    general configuration of a hollow triangular prism                
                    and provides a comfortable, sealed, fit of said                   
                    nasal conduit in a human nostril.                                 
               The references of record relied on by the examiner are:                
          Halstead                 790,051                  May  16, 1905             
          Lunas et al. (Lunas)     3,738,363                Jun. 12, 1973             
          McNeil et al. (McNeil)   4,828,546                May  09, 1989             
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