Appeal 2007-1096
Application 10/872,181
the Specification to be a structure which is capable of covering a part of the
uvula or soft palate, and to be compressed against it.
The “backing” member is for attaching the “at least one piercing post”
to the uvula and soft palate. The claim requires that it keep the stiffening
member “in place” and provide “a predetermined pressing force of said
stiffening member to the uvula and the soft palate.” The Specification states
that the “pressing force” is to compress the stiffening member against the
uvula and/or soft palate in order to inhibit the uvula and soft palate fluttering
(id. at 6: 8-12 and 24-30) that causes snoring. Thus, we interpret the
“pressing force” to be a force which is sufficient to compress the stiffening
member against the uvula or soft.
THE PRIOR ART
Nelson describes systems and methods “for moving and/or restraining
tissue in the upper respiratory system . . . for the treatment of . . . snoring . . .
and obstructive sleep apnea.” (Nelson, col. 1, ll. 8-12.)
The system employs at least one primary magnet 36 and at least
one secondary magnet 38. Together, the magnets 36 and 38
serve to position, stabilize and maintain a preferred orientation
of tissue in an oral cavity and airway in both humans and
animals. By moving and stabilizing tissue in a desired location
and shape, the system mediates or prevents the obstruction of
the upper airway that results in sleep-related breathing
disorders.
(Id. at col. 6, ll. 58-65).
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