Ex parte KREITZER et al. - Page 2




                 Appeal No. 1999-2626                                                                                                                   
                 Application 08/756,060                                                                                                                 


                 withdrawn from consideration pursuant to 37 CFR § 1.142(b).                                                                            


                          The subject matter on appeal relates to “a nasal dilator                                                                      
                 for maintaining one or more nasal passages of a nose in a                                                                              
                 dilated condition” (specification, page 1).  Claim 1 is                                                                                
                 illustrative and reads as follows:2                                                                                                    
                          1.       A nasal dilator for dilating a first nasal passage                                                                   
                 and a second nasal passage of a nose, comprising:                                                                                      
                          a first dilating element engagable to the outer wall of a                                                                     
                 first nasal passage;                                                                                                                   
                          a second dilating element engagable to the outer wall of                                                                      
                 a second nasal passage;                                                                                                                
                          a bridge element traversing the nose and interconnecting                                                                      
                 the first dilating member and the second dilating member, the                                                                          
                 bridge includes an elastic element movable toward an expanded                                                                          
                 configuration wherein the length of the elastic element                                                                                
                 increases, and biases to a retracted configuration wherein the                                                                         
                 length of the elastic element is reduced.                                                                                              
                          The references relied upon by the examiner in support of                                                                      
                 the final rejection are:                                                                                                               



                          2Our review of the appealed claims indicates that claim 5                                                                     
                 is redundant with respect to parent claim 4 and that the word                                                                          
                 “each” in the preamble of claim 8 is inconsistent with the                                                                             
                 rest of the claim.  These informalities are deserving of                                                                               
                 correction in the event of further prosecution before the                                                                              
                 examiner.                                                                                                                              
                                                                         -2-                                                                            





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