Ex parte MARTIN - Page 5




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


          1057 (1968)).                                                               
               None of the other references relied on by the examiner                 
          (i.e., Halstead, McNeil and Lunas) even have a “nasal conduit               
          free end,” much less one being in “the general configuration of a           
          hollow triangular prism” as set forth in independent claim 8.               
               In view of the foregoing, the decision of the examiner to              
          reject claims 8-14 and 16 under 35 U.S.C. § 103 based on the                
          combined teachings of Exhibit A, Halstead, McNeil and Lunas is              
          reversed.                                                                   
                                      REVERSED                                        




          HARRISON E. McCANDLISH             )                                        
               Senior Administrative Patent Judge )                                   
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    JAMES M. MEISTER                   )     APPEALS AND              
                    Administrative Patent Judge        )    INTERFERENCES             
                                                  )                                   
                                                  )                                   
                                                  )                                   
                    MURRIEL E. CRAWFORD                )                              
                    Administrative Patent Judge        )                              






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