Appeal No. 2004-0370
Application 09/083,086
THE REJECTIONS
The claims stand rejected under 35 U.S.C. § 103 as follows:
claims 12-16 over Polley in view of Vujovic, and claims 17-21
over Polley in view of Vujovic and Sullivan.
OPINION
We affirm the aforementioned rejections.
The appellant indicates that the claims stand or fall
together (brief, page 4). Although an additional reference is
applied to claims 17-21, the appellant does not separately argue
these claims. We therefore limit our discussion to one claim,
i.e., claim 12, which is the sole independent claim. See In re
Ochiai, 71 F.3d 1565, 1566 n.2, 37 USPQ2d 1127, 1129 n.2 (Fed.
Cir. 1995); 37 CFR § 1.192(c)(7)(1997).
Vujovic discloses an anti-snoring nightshirt (page 1).
Vujovic provides an inflatable bag having a longitudinal axis and
a fill opening (figures 1). The bag is attached to the back of a
nightshirt (page 3) and is inflated with gas through the fill
opening (page 2). Vujovic’s teachings that the fill opening is
on the end of the bag (figure 1) and that an inflating tube
attached to the fill opening fits over the person’s shoulder
(page 2) indicates that the longitudinal axis of the inflatable
bag is generally along a central portion of the person’s back.
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