Appeal No. 1998-2798
Application No. 08/645,144
mechanical means, as disclosed by Vilasi. In our view, the
fact that Vilasi discloses tapered, deformable members
extending from the distal end of such mechanical means would
not teach or suggest to one of ordinary skill providing a
taper on the distal end of Adair’s endotracheal tube, since,
as previously noted, Vilasi’s tapered members 44 are not on
the tube, but are on the mechanical means, which is located
within the tube. Thus, the most that Vilasi might teach or
suggest would be the provision of tapered members on the
distal end of a member located within the tube, rather than a
tapered portion on the tube itself, as called for by the
claims.
Accordingly, the rejection of claims 10 and 11, as well
as the rejection of claims 2 to 4 and 6 to 9 dependent
thereon, will not be sustained.
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