Appeal No. 96-4041
Application 08/264,704
for a "fastening means" for selectively closing the first
opening about the anesthesia circuit fitting and the bottom 7
portion of the enclosure means about the patient’s neck. It
is not clear if the fastening means of claim 3, which
selectively closes the bottom portion of the enclosure about
the patient’s neck, is separate from the "closure means" of
claim 1 that forms a seal about the patient's neck, or one and
the same as the earlier recited "closure means."
Summary
The obviousness-type double patenting rejection of claims
1 and 3-11 is affirmed.
The § 103 rejection of claims 1, 4, 5, 7 and 11 is
affirmed.
The § 103 rejection of claims 6 and 8-10 is reversed on
the merits.
The § 103 rejection of claim 3 is reversed on procedural
7The term "the breathing or anesthesia circuit fitting"
appearing in claim 3 lacks a clear antecedent. For purposes
of this appeal, we interpret same as "the anesthesia circuit
fitting."
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