Appeal No. 2001-0549
Application No. 08/761,422
strap or band 20 may be threaded through openings 12 in the
flange and passed around the patient’s ears or around the entire
head to keep the holding assembly in place.
Among the claim limitations argued by appellant as
distinguishing over Gereg is the requirement found in each of
the independent claims on appeal that the elongated catheter
comprises an elongated tubular catheter body portion having
distal and proximal end portions, and a hub member attached to
the body portion at the proximal end portion thereof. In
rejecting the appealed claims as being anticipated by Gereg, the
examiner reads the claimed elongated tubular catheter on Gereg’s
endotracheal tube 14, and the claimed hub member on Gereg’s bite
block 19. Appellant argues (brief, page 5) that the bit block
of Gereg is not attached to the proximal end portion of the
endotracheal tube, but rather is attached to the tube 14 at a
point that is intermediate or between the ends thereof. In
response, the examiner takes the position (answer, pages 3-4)
that “in Gereg, the ‘body portion’ [of the tube] can be
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