Appeal No. 2001-0549
Application No. 08/761,422
221 USPQ 385, 388 (Fed. Cir. 1984). In other words, there must
be no difference between the claimed invention and the reference
disclosure. Scripps Clinic & Research Found. v. Genentech Inc.,
927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010 (Fed. Cir. 1991).
Gereg pertains to a endotracheal tube holder and bite
block. A holding assembly 2 comprises a bite block 19 having a
flange integrally formed therewith. A central hole 13 goes
through the bite block for receiving an endotracheal tube 14.
The bite block has an opening on one side of the block and a
thinned down section forming a living hinge on the other side of
the block. The holder is intended to be slipped over the
endotracheal tube after the tube is in place in a patient’s
mouth. To do this, the flange is squeezed by the user at
locations 5 and 6 on the flange to enlarge the side opening of
the block. The block is then passed laterally over the tube,
whereupon the flange is squeezed by the user at locations 10 and
11 on the flange to cause the side opening to close and the
central hole to frictionally engage the tube 14. The holding
assembly is provided with locking means 17, 18 (see Figure 4) to
hold the holding assembly in tight engagement with the tube. A
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