Ex Parte Cook - Page 6




             Appeal No. 2003-1340                                                               Page 6                
             Application No. 10/072,247                                                                               


             further note that while the claim requires that the taper be “from” a proximal end “to” a                
             distal end of the connection adapter, according to the drawings, the taper in Sanderson                  
             extends only about twenty percent of the distance from the distal terminus towards the                   
             proximal end and not, in our view “from” the proximal end.                                               
                                  The Section 102 Rejection Based On Holmgreen                                        
                    Holmgreen discloses a nasotracheal tube insertion connector 3 which comprises                     
             a hollow bellows-like body 3 that can be bent as shown in Figure 2, a tapered                            
             longitudinally slitted tip 4 attached to the distal end of the body, and a receiving end 8 at            
             the proximal end of the body for mating with a conventional anesthesia connector 11.                     
             The purpose of the stylet is to facilitate the attachment of tapered tip 4 to a nasotracheal             
             tube 2 that has been intubated into a patient’s nostril.  To accomplish this task, an                    
             expansion collar 14 is placed in a recessed portion 16 of the distal end of a stylet 18,                 
             and the stylet inserted through connector 3 until it forces the segments of tip 4 outwardly              
             into tight-fitting contact with the inner surface of the nasotracheal tube, (Figures 4 and               
             5), whereafter the stylet is removed (column 4, line 20 et seq.).                                        
                    The appellant argues that the Holmgreen body 3, which the examiner has found                      
             to be the “connection adapter,” is not “secured to”2 the distal end of the stylet, as is                 
             required by claim 1.  We agree.  In the Holmgreen arrangement, the stylet never comes                    


                    2The common applicable definition of “secured’ is “made fast.” See, for example, Merriam          
             Webster’s Collegiate Dictionary, Tenth Edition, 1996, page 1056.                                         







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