Appeal 2006-1414
Application 10/099,381
uncomfortably hot, does not produce tissue
damaging heat and does not require any external
electrical source of power from wall sources or
batteries as taught by Lonky. [Answer 4.]
The Examiner also relies on Linder to address the use of a
chemiluminescent light. Linder is directed to “[a] self-illuminating
introducer (10) that is inserted into an endotracheal catheter to aid in the
intubation of the catheter into the laryngeal and tracheal passageway of a
patient” (Abstract). The introducer “incorporates a chemiluminescent vial
that when activated produces a temporary light that aids in the intubation of
an endotracheal catheter” (co1.4, ll. 43-46). The chemiluminescent light is
placed distally on the front end of the pliable tube 12 (col. 6, ll. 21-23).
Linder discloses that “the invention is also concerned with its use as an
indirect transillumination device that is used without a laryngoscope” (col. 3,
ll. 44-46).
Based on the teachings of Linder, the Examiner also concludes:
It would have been obvious to further
modify the position of the chemiluminescent light
source of the endotracheal tube pf [sic, of] Heller
as modified by Lonky to build it within the
endotracheal tube because it would have provided
the light source at the distal end of the tube and
illuminated tissues into which intubation is
intended as taught by Linder. [Answer 4.]
Appellants argue “that Heller [does not] teach[ ] an intubation device
having a light source that shines distally of the endotracheal tube. Figure 4
of Heller makes no such representation” (Br. 5). According to Appellants,
“Heller wants the light to come out through the infant's neck laterally or
radially -- sideways -- so that an attending Medical Doctor can see it” (id.).
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