Appeal No. 2003-1945 Application No. 08/240,877 appellants and the examiner regarding the merits of these rejections.3 DISCUSSION Simpson, the examiner’s primary reference, discloses a respiratory face mask comprising a pouch 1-5 composed of at least one sheet of filtration-effective material and at least one sheet of backing material, a strap 10 for securing the pouch over the nose and mouth of a user, and an exhalation valve 12 positioned on the pouch adjacent the user’s nose and/or mouth to prevent the build-up of water vapor in the filtration-effective material during exhalation. In one embodiment, the exhalation valve takes the form of a flap valve: [t]he flap valve 13 of Fig. 2 comprises a flexible circular flap member 15 of, for example, plastics material, which is arranged to cover and [close] valve openings 16 during inhalation and to flex away from those openings during exhalation. To allow flexing of the flap member 15 a part of its peripheral portion, a segment of the flap member, is fixed in position, the remaining part of the flap member being left free. The valve is fitted in an aperture in the mask and is held in place by a retaining ring 17 which engages the edge portion of that opening to provide an effective seal [page 2, lines 37 through 50]. 3 In the last Office action (Paper No. 56), claim 66 also stood rejected under 35 U.S.C. § 112, second paragraph, as being indefinite. As this rejection has not been restated in the answer, we assume that it has been withdrawn by the examiner in view of the above noted amendment of claim 66. 5Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007