The opinion in support of the decision being entered today was not written for
publication and is not binding precedent of the Board
Paper No. 25
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte MICHAEL SUDGE
_____________
Appeal No. 1998-2521
Application No. 08/184,212
_____________
ON BRIEF
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Before MCCANDLISH, Senior Administrative Patent Judge, MCQUADE and
NASE, Administrative Patent Judges.
MCCANDLISH, Senior Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the examiner’s final rejection of claims 1
through 33 and 37 through 48. The only other claims still pending in the application,
namely claims 34, 35 and 49, have been allowed.
Appellant’s invention relates to a holder for a medical tube such as an
endotracheal tube. Claims 1 and 37, the only independent claims on appeal, define the
invention as follows:
1. A medical tube holder apparatus comprising a one-piece flexible
elongated strip clamp means configured transversely to engage frictionally about
substantially the entire circumferential cross-section of medical tubes for oral and
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