Appeal No. 1999-0283 Page 5
Application No. 08/451,811
through the endotracheal tube and then substantially at right angles through the body wall
(neck) of the patient and thus locates the distal end of the endotracheal tube, not the vocal
cords.
For the foregoing reasons, we do not agree with the examiner (answer, pages 7 and 8)
that the method defined by any of claims 17-19 is "readable upon" the Heller method.4
Further, as the examiner has not advanced any rationale as to why it would have been obvious
to one of ordinary skill in the art to modify the Heller method to overcome the above-noted
deficiency of Heller to arrive at the claimed invention, we shall not sustain the examiner's
rejection.
4Anticipation requires that the claim read on something disclosed in the reference, i.e., that all of the
limitations in the claim be found in or fully met by the reference. Kalman v. Kimberly Clark Corp., 713 F.2d 760,
772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).
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