Appeal No. 95-3184
Application 07/981,910
DECISION ON APPEAL
Forrest M. Bird appeals from the final rejection of claims
33 through 39, all of the claims pending in the application.2
The invention relates to a method for ventilating a
patient’s airway. Claim 33 is illustrative and reads as follows:
33. In a method for ventilating a patient airway during the
inspiratory phase and the expiratory phase from a source of gas
under pressure, supplying to the patient airway during the
inspiratory phase a plurality of pulses of small volumes of gas
from said source of gas, adding in succession the pulses of small
volumes of gas to provide successively greater volumes of gas
successively increasing in pulsatile form the pressure of the gas
in the airway of the patient during the inspiratory phase by
adding the successively greater volumes of gas, said successive
increase in pulsatile form of the pressure of the gas in the
airway of the patient being caused solely by the successive
addition of the small volumes of gas and serving to provide
diffusive ventilation to the patient during the inspiratory phase
and permitting the patient to exhale during the expiratory phase.
The reference relied upon by the examiner as evidence of
obviousness is:
Emerson 2,918,917 Dec. 29, 1959
Claims 33 through 39 stand rejected:
a) under 35 U.S.C. § 112, first paragraph, as being based on
a specification which, as originally filed, does not provide
support for the invention now claimed; and
2The appellant has amended claim 33 subsequent to final
rejection.
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