Appeal No. 1999-2626
Application 08/756,060
Johnson 3 5,533,499 Jul. 9, 1996
Doubek et al. (Doubek) 5,533,503 Jul. 9, 1996
Claims 1 through 9 and 15 through 19 stand rejected under
35 U.S.C. § 102(a) as being anticipated by Doubek.
Claims 1 through 9 and 15 through 19 also stand rejected
under 35 U.S.C. § 102(a) as being anticipated by Johnson.
Reference is made to the appellants’ main and reply
briefs (Paper Nos. 13 and 16) and to the examiner’s final
rejection and answer (Paper Nos. 9 and 14) for the respective
positions of the appellants and the examiner with regard to
the merits of these rejections.
Doubek and Johnson disclose similar nasal dilators 10.
Each includes first and second planar resilient bands 30a and
30b, first and second flexible adhesive strips 31a and 31b, a
flexible strip of base material 18 having a layer of adhesive
46 on its lower surface, and first and second release liners
49 and 50.
3The lising of U.S. Patent No. 5,476,091 to Johnson on
page 2 of the examiner's answer (Paper No. 14) as prior art
relied upon in the rejection of claims under appeal is
erroneous. The final rejection (Paper No. 9) shows that U.S.
Patent No. 5,533,499 is the Johnson reference relied upon to
reject the claims on appeal.
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