Appeal No. 1998-2798
Application No. 08/645,144
Rejection Pursuant to 37 CFR § 1.196(b)
Pursuant to 37 CFR § 1.196(b), claims 2, 4 and 10 are
rejected under 35 U.S.C. § 103(a) as unpatentable over Carden
in view of Adair. Carden discloses an endotracheal tube 10,
for use with a fiberoptic bronchoscope 40, having a proximal
portion 11 of generally constant cross section, and a distal
portion
(Fig. 2) including a balloon 16 thereon and a tapered end
portion 19 disposed on the distal portion, configured as a
truncated cone, and terminating in a ventilation opening 11a. 2
The only limitation in claims 2, 4 and 10 not disclosed by
Carden is that the tube has "at least one additional opening
disposed in or near said tapered end portion." However, Adair
discloses an endotracheal tube 12 in which, in addition to end
opening 16, an additional opening 22 is disposed near the end
portion "which aids in the equal dispersion of oxygen into the
lungs LL, RL" (col. 5, lines 17 to 20). In view of this
2We note that at page 14, lines 17 to 19 of the
specification, appellant discloses that "The tapered end . . .
could be, for example, a truncated conical section, with or
without a generally cylindrical, short guide at the very tip
of the taper." The apparatus disclosed by Carden has such a
cylindrical, short guide portion 17.
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