Appeal No. 2005-2408 Παγε 4
Application No. 09/783,548
The examiner relies on Daneshvar for describing substantially all of the claimed
limitations of the appealed claims, except the heat-generating unit comprising an
exothermic composition containing metal powder, salt and water and releases steam in
conjunction with an oxidation reaction of the metal powder. The examiner relies on
Mitra for describing a heat generating unit utilizing an exothermic chemical reaction
having salt, water and metal and including an oxidation reaction so as to provide nasal
therapy. The examiner concludes:
. . . it would have been obvious to one of ordinary skill in the art at the time
of the invention to have incorporated Mitra’s teaching of an apparatus
including exothermic chemical reaction having salt water and metal, and
including oxidation reaction into the invention disclosed by Daneshvar, so
as to provide for nasal therapy. [Answer at page 4]
We find that Daneshvar discloses a therapeutic nasal inhalator which includes a
pan or heater unit 24 for holding hot water. The steam from the hot water rises up in the
inhalator passing through a lower chamber 30 through an opening 40 into an upper
chamber 32. The user places his or her nose into an aperture 56 and inhales steam
(Figs. 1, 12 and 17 col. 4, lines 2 to 6). Daneshvar also discloses that the water in
heater unit 24 may be heated by a heater 90 (col. 4, lines 23 to 25).
Mitra describes a nasal dilator which comprises a resilient strip of material which
is placed on the outside of the nose and acts to draw the nasal walls apart thereby
relieving nasal congestion (col. 3, lines 64 to col. 4, line 10; col. 4, lines 31 to 40). The
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