Appeal No. 1998-2521
Application No. 08/184,212
The Crosbie patent discloses a device (called a “clutch”) for holding a medical
tube, particularly an endotracheal or pediatric tube (column 1, lines 20-24 and column 2,
lines 46-50). Like appellant’s holder, Crosbie’s medical tube holder comprises a clamp
means in the form of a clasp having opposing interlocking extremities (16, 28) as well as
attaching means in the form of apertured ears (called wing members) (13, 26) for
attachment to a harness-like member as shown in Figure 8 of the patent drawings. As
shown in Figures 1-5 of the Crosbie patent, Crosbie’s interlocking extremities correspond
to appellant’s serrated male and female locking members. Like appellant’s holder,
Crosbie’s ears are integral with and extend from a body portion of the clamp means.
As disclosed in column 2, lines 44-45, of the Crosbie patent, Crosbie’s entire
holder or “clutch,” as it is called, may be injection molded from a suitable polymer. As
such, Crosbie’s holder is a one-piece structure and is flexible as particularly shown in
Figure 8 of the patent drawings.
Furthermore, to the extent that appellant’s structure can be called an “elongated
strip” (appealed claim 1, line 1), Crosbie’s tube gripping structure is likewise in the form
of an elongated strip because appellant’s structure and Crosbie’s structure are shown to
be generally of the same configuration. In this regard, it is significant to note that on
page 6 of appellant’s specification, the strip shaped holder is expressly described as being
“generally circular” (emphasis added) similar to Crosbie’s configuration.
Like appellant’s holder, the body portion of Crosbie’s clasp or clamp transversely,
frictionally engages the entire of circumferential cross-section of a medical tube having a
radius within a predetermined range of radii. In fact, Crosbie expressly discloses that his
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