Appeal No. 2003-1725
Application No. 09/357,645 Page 2
BACKGROUND
Appellants’ invention relates to a tube occluder and a
method for occluding collapsible tubes. An understanding of the
invention can be derived from a reading of exemplary claims 1 and
12, which are reproduced below.
1. An occluder for occluding at least one collapsible
tube comprising:
an occluding member; and
a force actuator constructed and positioned to bend the
occluding member from a first configuration to a second
configuration, the occluding member in the first
configuration being essentially non-compliant to forces
applied to the occluding member along at least one direction
and the occluding member in the second configuration being
compliant with respect to said forces.
12. A method for occluding at least one collapsible
tube, the method comprising:
applying a force to bend an occluding member in order
to open said collapsible tube to enable fluid flow
therethrough; and
releasing said force to relax the occluding member and
occlude the collapsible tube.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Payne et al. (Payne) 5,441,231 Aug. 15, 1995
Claims 1-9, 12-28 and 32 stand rejected under 35 U.S.C.
§ 112, second paragraph as being indefinite for failing to
particularly point out and distinctly claim the subject matter
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