Ex Parte THORNTON - Page 4



          Appeal No. 2000-1998                                       Page 4           
          Application No. 08/828,523                                                  

          until the appliance is inserted into the user’s mouth and the               
          post contacting a surface of the lower arch after the appliance             
          is inserted into the user’s mouth to cause the user’s lower jaw             
          to extend forward from its natural position.  Likewise, claim 47            
          recites a method comprising inserting an upper arch having a                
          downwardly extending post into a user’s mouth, inserting a lower            
          arch into the user’s mouth, the lower arch uncoupled from the               
          upper arch, contacting a surface of the lower arch with the post            
          and causing the user’s lower jaw to extend forward from its                 
          natural position.                                                           
               Kelly discloses a dental splint comprising upper and lower             
          U-shaped members A, B connected by one or more pillars 13 which             
          are integral with the members A, B.  The connecting pillars are             
          preferably made of malleable or pliable metal which can be bent             
          to change the angularity of the members A, B.                               
               The examiner, recognizing that the lower member B is not               
          uncoupled4 from the upper member A, noted that Halstrom discloses           
          upper and lower bite blocks 28, 32 that are releasably connected            
          via a threaded post (stylus 46) and determined that                         


               4 The term “couple” is defined as “to join together by fastening or by 
          association; link; connect” (Webster's New World Dictionary, Third College  
          Edition (Simon & Schuster, Inc. 1988)).                                     





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