Appeal No. 1998-2521
Application No. 08/184,212
nasal insertion having radii within a predetermined range, with opposing
interlocking extremities accommodating said differing tube radii, and with
opposing attaching means integral with said clamp means for affixing a harness
means.
37. A medical tube holder apparatus comprising a one-piece flexible
elongated strip to engage frictionally about substantially the entire circumferential
cross-section of medical tubes for oral and nasal insertion, with opposing
interlocking extremities of said strip and with opposing attaching means integral
with said strip for affixing a harness means, wherein the said strip, exclusive of
said interlocking extremities and said attaching means, is less than one centimeter
thick.
As disclosed, the interlocking extremities are in the form of serrated male and
female locking components 2, 3. The attaching means are in the form of ears 4.
A complete copy of the appealed claims is found in the revised appendix (Paper
No. 20 filed on September 8, 1999) to the appeal brief. According to the remarks on
page 2 of the examiner’s supplemental answer (Paper No. 23 mailed December 6, 2000),
the revised appendix contains a correct copy of the appealed claims.
The following references are relied upon by the examiner as evidence of
obviousness in support of his rejections under 35 U.S.C. § 103:
Cheng 2,908,269 Oct. 13, 1959
Crosbie 5,069,206 Dec. 3, 1991
Austin 5,076,269 Dec. 31, 1991
Ohio Chemical Catalog, “White Opaque Plastic Endotracheal Tubes,” page 40,
(Date unknown)1
The grounds of rejection are as follows:2
1. Claims 1 through 9, 19 through 24 and 37 through 48 stand rejected under
1 Appellant does not argue that this catalog is not prior art.
2 In the supplemental answer (Paper No. 23 mailed December 5, 2000) responding to our remand of
July 17, 2000 (Paper No. 22), the examiner withdrew the rejection of the appealed claims under the first
paragraph of 35 U.S.C. § 112, leaving only the § 103 rejections.
2
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