Appeal 2007-1820
Application 10/659,408
Rejection over Hampton and Moilanen
Claims 18-27 stand rejected under 35 U.S.C. § 103(a) as obvious over
Hampton in view Moilanen (Answer 8).
Findings of Fact
10. Hampton teaches “techniques for identifying and guiding treatment for
medical conditions, based upon the carbon dioxide concentration in the
patient’s breath” (Hampton, Abstract).
11. Hampton describes its technique as useful “for rapidly and reliably
distinguishing obstructive lung disease from restrictive lung disease”
(Hampton, at [0010]).
12. “To distinguish obstructive lung disease from restrictive lung disease,
the invention employs measurements of carbon dioxide in the breath of the
patient” using a device such as a capnograph (Hampton, at [0011]).
13. The measurements taken by a capnograph are represented by a
capnogram (Hampton, at [0011]).
14. “The shape of the curve that follows carbon dioxide concentration is
correlated with the ventilatory status of the patient” ((Hampton, at [0012]).
15. “[T]he invention quickly provides information to a health professional to
guide treatment of the patient. . . . [T]he invention rapidly and reliably
distinguishes obstructive lung disease from restrictive lung disease . . . [T]he
invention may . . . be brought to the patient by an emergency medical
professional. As a result, the ventilatory status of the patient may be assessed
quickly” (Hampton, at [0016]).
16. “Memory . . . may store data that are characteristic of obstructive lung
disease and . . . of restrictive lung disease. Processor 82 may correlate the
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