Appeal No. 1998-2798
Application No. 08/645,144
The claims on appeal are drawn to an endotracheal tube,
and are reproduced in the appendix of appellant’s brief.1
The references applied in the final rejection are:
Vilasi 3,968,800 Jul. 13,
1976
Adair 5,329,940 Jul. 19,
1994
An additional reference, of record, applied herein in a
rejection pursuant to 37 CFR § 1.196(b) is:
Carden 4,041,936 Aug. 16,
1977
Claims 2 to 4 and 6 to 11 stand finally rejected under
35 U.S.C. § 103(a) as unpatentable over Adair in view of
Vilasi.
With respect to independent claims 10 and 11, the basis
of the rejection, as set forth on pages 3 and 4 of the
examiner’s answer, is:
Adair discloses an endotracheal tube for
use with a fiberoptic or other intubating stylet
1In reviewing the application, we note that the subject
matter recited in claims 4, 8 and 9 is not shown in the
drawings, as required by 37 CFR § 1.83(a). Also, the subject
matter of claim 9 does not appear to have antecedent basis in
the specification, as required by 37 CFR § 1.75(d)(1).
2
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