Appeal 2007-1096
Application 10/872,181
uvula (the small fleshy tissue hanging from the center of the
back of the throat) relax and sag, the relaxed tissues may vibrate
as air flows past the tissues during breathing, resulting in
snoring. Snoring affects about half of men and 25 percent of
women--most of whom are age 50 or older.”
(Nelson,1 col. 1, ll. 27-34.)
Many different devices, methods, drugs, and surgical procedures have
been utilized to treat snoring (Specification 1: 18-19). Surgical procedures
“are rather drastic, painful, and expensive and do have their own risks.” (Id.
at 2: 15-16). “The mouthpiece devices are also inconvenient and hard to
wear and maintain during sleep. Drugs and medications have also been
ineffective.” (Id. at 2: 18-20.)
“[T]he present invention offers an anti-snoring device that is affixed
to the soft palate or uvula by piercing.” (Id. at 2: 21-22.) “This invention is
generally related to a prosthesis that inhibits fluttering of the soft palate
during sleep, as air flows past it.” (Id. at 3: 8-9.)
Claims 1-4, 14, and 15 are pending and stand rejected over prior art
(Br. 4). The Examiner relies on the following references as evidence of
unpatentability:
Pflueger US 2004/0134491 Jul. 15, 2004
(filed Jul. 22, 2003).
Nelson US 6,955,172 B2 Oct. 18, 2005
(filed Sept. 6, 2002).
Claims 1, 3, 14, and 15 stand rejected under 35 U.S.C. § 102(e) as
anticipated by Nelson (Answer 3). Claims 2 and 4 stand rejected under
1 U.S. Pat. 6,955,172 B2, issued Oct. 18, 2005 (filed Sept. 6, 2002).
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