Appeal 2007-2783
Reexamination 90/005,509
Patent 5,533,499
1. The patent under reexamination, Patent 5,533,499, was issued
on July 9, 1996, based on Application 08/183,916, and filed January 19,
1994.
2. The invention is directed to a nasal dilator for preventing the
outer wall tissue of nasal passages from drawing in during breathing, thus
alleviating breathing difficulties. (Specification col. 1:10-32; col. 2:23-25).
3. The nasal dilator of the invention comprises a truss member
having a first end region adapted to engage the outer wall tissue of a first
nasal passage, a second end region adapted to engage the outer wall tissue of
a second nasal passage, and an intermediate segment connecting the first and
second end regions and traversing that portion of a nose between the first
and second nasal passages. (Specification col. 2:24-32).
4. The Examiner has confirmed the patentability of claims 10-17
and 52. Those claims have not been rejected and are not on appeal.
5. Claim 1, rejected as anticipated by Iriarte, is reproduced below:
1. A nasal dilator for preventing outer wall tissue of
nasal passages of a nose from drawing in during breathing,
comprising:
a unitary truss member having an initial state, the unitary
truss member including:
a first end region adapted to engage the
outer wall tissue of a first nasal passage;
a second end region adapted to engage the
outer wall tissue of a second nasal passage;
an intermediate segment configured to
traverse a portion of a nose located between the
3
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