Appeal 2006-1414
Application 10/099,381
The Examiner responds that “Heller (fig.4) clearly illustrates light
rays shining distally . . . of the endotracheal tube. While there is express
disclosure of light being projected in at least one lateral direction, the lateral
direction is clearly not the only direction in which light is projected as
illustrated by fig.4” (Answer 5). According to the Examiner, “Heller (col. 3,
lines 29-37) discloses the emitter (17) being a rounded glass bead that
projects axially beyond the end surface of the endotracheal tube . . . in a
plurality of directions which will necessarily include distal to the
endotracheal tube” (Answer 6).
In reply, Appellants argue that the Examiner’s suggestion “that Heller
. . . teaches a distally shining light source via Figure 4, is but a desire based
upon a reading of that patent based upon a prior reading of Appellants'
application” (Reply Br. 1). Appellants further argue that Heller makes “no
mention of ‘axial’ light projection” (Reply Br. 2).
We disagree with Appellants’ argument. Heller’s Figure 4 clearly
supports the Examiner’s contention that Heller’s endotracheal device shines
light from a light source distally of the endotracheal tube, including an axial
direction. Thus, contrary to Appellants’ argument, Heller expressly teaches
illumination (shining) at the distal end of the endotracheal tube. This is
further supported by Figure 7 of Heller, which shows a bifurcated light
emitter 17” that directs the light axially (i.e., distally) via branch 23 and
laterally via branch 22 at the distal end 11 of the endotracheal tube (col. 4, ll.
19-23). Appellants’ argument that Heller is limited to only shining “light [so
as] to come out through the infant's neck laterally or radially” (Br. 5) is
unsupported by the disclosure of Heller. Thus, we agree with the
Examiner’s finding that, “[w]hile there is express disclosure [in Heller] of
light being projected in at least one lateral direction, the lateral direction is
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: September 9, 2013