Ex parte MACHIDA - Page 2




          Appeal No. 1998-2826                                                        
          Application No. 08/598,687                                                  


               This is a decision on an appeal from the examiner's final              
          rejection of claims 3 through 6, which are all of the claims                
          pending in this application.                                                


               We REVERSE.                                                            
               Appellant’s invention relates to                                       
               an ingrown nail correcting device including an elongated               
               plate member that is adhesively bonded to the surface of               
               an ingrown nail.  The plate member is made of a material               
               having a curved shape at room temperature that deforms to              
               a memorized flat shape when heated above room                          
               temperature.  (Brief, pages 2 and 3)                                   

               Claim 3, the only independent claim, is illustrative of                
          the subject matter on appeal and is reproduced below:                       
               3. An ingrown nail correcting device comprising an                     
               elongated plate member [10] adhesively bonded to a                     
               surface of a nail shell [12] with an adhesive agent [13],              
               said plate member [10] having a curved shape bent to                   
               match a curvature of said nail shell [12] at room                      
               temperature, and said plate member [10] is made of a                   
               material having said curved shape at room temperature and              
               deforming to a memorized flat shape when heated above                  
               room temperature. (Reference numerals added)                           

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              



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