Appeal 2007-2783
Reexamination 90/005,509
Patent 5,533,499
first and second nasal passages, the inherent
tendency of the truss member to return to its initial
state when flexed acting to stabilize the outer wall
tissue and thereby prevent the outer wall tissue of
the first and second nasal passages from drawing
in during breathing; and
a resilient member secured to at least a
tissue engaging portion of each of the first and
second end regions, which tissue engaging
portions are adapted to directly engage such outer
wall tissue, and to a portion of the intermediate
segment, the resilient member being capable, at
least in part, of deformation that allows the truss
member to conform to the outer wall tissue of the
nasal passages of a nose.
6. Claim 23, rejected as unpatentable over Iriarte and also without
written description in the specification, is reproduced below:
23. A nasal dilator capable of introducing separating
stresses in nasal outer wall tissues, comprising:
a truss of a single body with a resilient
member secured therein having a pair of spaced
apart end surfaces which, if forced toward one
another from initial positions to substantially
reduce direct spacing therebetween by a spacing
reduction force external to said truss, results in
restoring forces in said truss tending to restore said
direct spacing between said end surfaces, said truss
being formed as a strip having a length greater
than those widths thereof extending between
opposite portions of side edges thereof, said
resilient member having a length greater than its
width and positioned separated from a portion of at
4
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