Ex parte KITTELSEN - Page 9




          Appeal No. 1999-2625                                                        
          Application 08/763,929                                                      


          motivation in the combined teachings of Ross and Poterack to                
          make the modification proposed by the examiner.  This flaw in               
          the examiner’s basic reference combination finds no cure in                 
          Kittelsen’s disclosure of a protective mouthpiece having cut                
          lines to facilitate customized fitting and/or in Lerman’s                   
          disclosure of a protective mouthpiece having cushioning and                 
          shock dissipation chambers therein.                                         
               In summary and for the above reasons, the decision of the              
          examiner to reject claims 1 through 13, 15 and 17 through 20                
          is reversed.                                                                
                                      REVERSED                                        





                         LAWRENCE J. STAAB             )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOHN P. McQUADE               )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       ) INTERFERENCES                
                                                       )                              
                         JENNIFER D. BAHR              )                              
                         Administrative Patent Judge   )                              

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