Appeal No. 2003-1340 Page 2
Application No. 10/072,247
BACKGROUND
The appellant's invention relates to a retainer for a laryngeal mask. An
understanding of the invention can be derived from a reading of exemplary claim 1,
which has been reproduced below.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Sanderson 4,863,439 Sep. 5, 1989
Holmgreen et al. (Holmgreen) 5,024,220 Jun. 18, 1991
The following are the standing rejections
(1) Claims 1-9 under 35 U.S.C. § 112, first paragraph, as containing subject matter
which was not described in the specification in such a a way as to enable one skilled in
the art to which it pertains, or with which it is most nearly connected, to make and/or use
the invention.
(2) Claims 1-5 under 35 U.S.C. § 102(b) as being anticipated by Sanderson.
(3) Claims 1, 6, 7 and 8 under 35 U.S.C. § 102(b) as being anticipated by Holmgreen.
(4) Claim 9 under 35 U.S.C. § 103(a) as being unpatentable over Holmgreen.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the Answer
(Paper No. 10) for the examiner's complete reasoning in support of the rejections, and
to the Brief (Paper No. 9) for the appellant's arguments thereagainst.
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