Ex parte CORN - Page 6




                 Appeal No. 96-4041                                                                                                                     
                 Application 08/264,704                                                                                                                 


                 sealing . . . . about the patient’s neck" (sentence bridging                                                                           
                 pages 7 and 8) such that any leakage of gas in the enclosure                                                                           
                 from the area adjacent the patient’s neck can be prevented by                                                                          
                 applying a suction force to the interior of the enclosure.                                                                             
                          As to the claim 1 requirements for a first opening means                                                                      
                 in the enclosure for accommodating an anesthesia circuit                                                                               
                 fitting, and a second opening in the enclosure, we are aware                                                                           
                 that the examiner reads these claim limitations on Trammell’s                                                                          
                 opening at fitting 27 and Trammell’s opening 34 ,                                   3                                                  
                 respectively.  However, we believe the better approach is to                                                                           
                 consider Trammell’s opening 34 as corresponding to the claimed                                                                         
                 first opening means and Trammell’s opening at fitting 27 as                                                                            
                 corresponding to the claimed second opening.  First,                                                                                   
                 Trammell’s opening 34 satisfies the claimed "first opening                                                                             
                 means" limitation in that opening 34 of Trammell constitutes                                                                           
                 an opening in the enclosure that is fully capable of                                                                                   
                 accommodating an anesthesia circuit fitting directly                                                                                   
                 communicating with a patient’s airway.  Second, when the                                                                               
                 claimed "second opening" is read on Trammell’s opening at                                                                              

                          3Trammell uses reference numeral 34 twice, once for a                                                                         
                 hose and once for an opening in the top of the enclosure.                                                                              
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