Appeal No. 1999-0283 Page 4
Application No. 08/451,811
The claims on appeal recite a method of intubating a patient with an endotracheal tube
comprising the steps of directing energy substantially between and/or around the vocal cords,
the energy having a direction, wavelength and intensity to be transmitted cephalad substantially
between and/or around the vocal cords, sensing the energy transmitted between and/or around
the vocal cords and thereby locating the vocal cords of the patient, and routing the distal end of
the endotracheal tube through the located vocal cords.
Heller discloses a method for intubating a patient wherein light is transmitted via a fiber
optic light conductor (15) along the length of the endotracheal tube (10) to an
emitter (17) located at the distal end of the endotracheal tube. As explained in column 3, line
56, to column 4, line 5, the emitter redirects at least a substantial portion of the light transmitted
thereto laterally with the result that point illumination occurs at the endotracheal tube's distal
end. Some of the light "projected laterally and passing at generally right angles through the
body wall of the patient" may be externally received or observed by the naked eye, thereby
permitting a qualified medical attendant to determine and adjust, if necessary, the position of the
tube.
Heller does not disclose a method as claimed by the appellants wherein energy having a
direction, wavelength and intensity to be transmitted cephalad substantially between and/or
around the vocal cords is sensed and the vocal cords of the patient are thereby located. Rather,
in the Heller method, the medical attendant observes light transmitted away from the head
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