Ex parte RUGLESS - Page 8




          Appeal No. 2001-1074                                       Page 8           
          Application No. 08/989,056                                                  


                    a head strap connected to said mask body at a right               
               head strap attachment point extending from said mask body              
               around the rear of a patient's head and connects with                  
               said mask body at a left head strap attachment point, and              
               wherein said right head strap attachment point and said                
               left head strap attachment point allow for rotation                    
               around the connection point [sic, the right and left head              
               strap attachment points] of the mask body and said head                
               strap;                                                                 
                    a lower neck strap connected at a right lower neck                
               strap attachment point and extending around the rear of a              
               patient's neck with the opposite end of said lower neck                
               strap, opposite said right lower neck strap attachment                 
               point, connecting to a left lower neck strap attachment                
               point, located on said mask body, opposite said right                  
               lower neck strap attachment point;                                     
                    a right lower port, said right lower port located on              
               the lower right portion of said mask body near the                     
               patient's nose and mouth area;                                         
                    a right lower port cap; said right lower port cap                 
               covering said right lower port via a friction fit;                     
                    a right upper port; said right upper port located                 
               directly above said right lower port;                                  
                    a right upper port cap; said right upper port cap                 
               covering said right upper port via a friction fit;                     
                    a left lower port, said left lower port located on                
               the lower, left portion of said mask body near the                     
               patient's nose and mouth area;                                         
                    a left lower port cap, said left lower port cap                   
               covering said left lower port via a friction fit;                      
                    a left upper port; said left upper port located                   
               directly above said left lower port; and                               
                    a left upper port cap, said left upper port cap [,                
               said left upper port cap] covering said left upper port                
               via a friction fit.                                                    


               In rejecting claims under 35 U.S.C. § 103, the examiner                
          bears the initial burden of presenting a prima facie case of                







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