Appeal No. 2003-1945
Application No. 08/240,877
The examiner (see pages 4 and 6 in the answer) concedes that
the Simpson face mask does not respond to the limitations in
independent claim 78, and the corresponding limitations in
independent claim 81, requiring the flap retaining surface and
the seal surface to be nonaligned and positioned relative to each
other to allow for a cross-sectional curvature of at least the
one free portion of the flexible flap when viewed from the side
in a closed position, with the nonalignment and relative
positioning of the flap retaining surface and the seal surface
also allowing for the one free portion of the flexible flap to be
pressed against the seal surface when a wearer of the mask is
neither inhaling nor exhaling and to allow for the one free
portion of the flexible flap to be lifted from the seal surface
during an exhalation. To cure these shortcomings in Simpson, the
examiner turns to McKim.
McKim discloses a reed valve with a curved seat for use in a
two cycle “kart” engine to control the passage of the fuel-air
mixture from the carburetor into the crankcase. Observing that
such valves have a tendency to float or flutter when closing
during high speed operation of the engine (see column 1, lines 13
through 24), McKim teaches:
a valve A comprises a valve block 10 mounted over the
intake port 11 of a generally conventional, air cooled,
6
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