Ex parte DEILY et al. - Page 10




                Appeal No. 97-0082                                                                                                            
                Application No. 07/993,718                                                                                                    


                subject matter set forth in independent claim 1 with the                                                                      
                exception of the interconnection being formed of a material less                                                              
                flexible than the neck engaging portion.  Bales discloses a neck                                                              
                flange for positioning a tracheostomy tube 12 comprising a neck                                                               
                engaging portion 22 and an interconnection 19 having a ring                                                                   
                shaped body with an opening for surrounding the tracheostomy                                                                  
                tube, wherein both the neck engaging portion 22 and the                                                                       
                interconnection 19 are molded from different polymers, namely,                                                                
                polycarbonate for the interconnection and polyurethane for the                                                                
                neck engaging portion.   Bales states that the purpose of7                                                                                        
                utilizing two different materials is to prevent fracturing of the                                                             
                neck engaging portion (i.e., flange member 22; see column 4,                                                                  
                lines 14-16).  This stated advantage would have provided more                                                                 
                than ample motivation to the artisan to combine the teachings of                                                              
                Ranford and Bales in the manner proposed by the examiner.  That                                                               
                is, one of ordinary skill in this art would have found it obvious                                                             
                to modify the neck flange of Ranford by making the neck engaging                                                              
                portion 30 of polyurethane and the interconnection 29 of                                                                      
                polycarbonate in order to achieve Bales’ expressly stated                                                                     


                         7The appellants likewise use these very same materials,                                                              
                i.e., polycarbonate for the interconnection and polyurethane for                                                              
                the neck engaging portion (see specification, page 5, line 32,                                                                
                and page 6, line 24).                                                                                                         
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