Ex Parte Armijo et al - Page 1



                      The opinion in support of the decision being entered today was not written              
                              for publication and is not binding precedent of the Board.                      
                      UNITED STATES PATENT AND TRADEMARK OFFICE                                               
                                                __________                                                    
                            BEFORE THE BOARD OF PATENT APPEALS                                                
                                         AND INTERFERENCES                                                    
                                                __________                                                    
                       Ex parte DENNIS F. ARMIJO and MOHSEN SHAHINPOOR                                        
                                                __________                                                    
                                             Appeal 2007-1096                                                 
                                          Application 10/872,181                                              
                                          Technology Center 3700                                              
                                                __________                                                    
                                          Decided: April 20, 2007                                             
                                                __________                                                    
                Before DONALD E. ADAMS, ERIC GRIMES, and                                                      
                RICHARD M. LEBOVITZ, Administrative Patent Judges.                                            
                LEBOVITZ, Administrative Patent Judge.                                                        

                                          DECISION ON APPEAL                                                  
                      This is a decision on appeal from the final rejection of claims 1-4, 14,                
                and 15.  We have jurisdiction under 35 U.S.C. § 6(b).  We affirm.                             

                                          STATEMENT OF CASE                                                   
                      The claimed subject matter relates to anti-snoring devices and                          
                methods.                                                                                      
                      Normally, the muscles of the upper part of the throat keep the                          
                      airway open to permit air flow into the lungs.  When the                                
                      muscles of the soft palate at the base of the tongue and the                            



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