Ex Parte Sun - Page 2

              Appeal No. 2007-0692                                                                 
              Application No. 10/729,973                                                           

              problem is that all the laryngoscope blades on the market now are narrow             
              and can hold only approximately half of the tongue, so that it is very hard to       
              make the tongue stay on the laryngoscope blade with any degree of                    
              stability.”  (Id. at 1: 13-15.)  The specification describes the invention as a      
              “tongue holder or stabilizer” which can be attached to a laryngoscope blade          
              to control the tongue as the intubation process is performed (Id. at 2-3).           
                    Claims 1-17 are pending (Br. 4).  Claims 1 and 8 stand finally rejected        
              as anticipated under 35 U.S.C. § 102(b) by Panduit (Product Bulletin,                
              “ABM112 Adhesive Backed Cable Tie Mount,” pp. 28-29, 1999) (Id.).                    
              Claims 2-7 and 9-17 contain allowable subject matter, but are objected to as         
              being dependent on rejected claim 1 (Id.).                                           
                    Claim 1 is the broadest claim on appeal.  It reads as follows:                 
                    1. A tongue stabilizer for a laryngoscope blade comprising:                    
                          a tongue-engaging plate having a top surface, a bottom surface,          
                    a forward end, a rear end, a first side, a second side and a central area;     
                          a foam strip support having a top surface and a bottom surface           
                    with said foam top surface attached to said tongue engaging plate              
                    bottom surface between said forward end and said rear end and                  
                    between said first side and said second side;                                  
                          a pressure-sensitive adhesive having a top surface, attached to          
                    and extending along said foam support bottom surface, and a bottom             
                    surface, available for attaching said tongue stabilizer to a                   
                    laryngoscope blade.                                                            

                                       ISSUE ON APPEAL                                             
                    Claim 1 is drawn to a “tongue stabilizer for a laryngoscope blade” that        
              contains three elements: 1) a “tongue-engaging plate”; 2) a “foam strip              
              support” attached to the plate; and 3) a “pressure-sensitive adhesive”               
              attached to the foam support.                                                        

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