Ex parte BIRD - Page 6




          Appeal No. 95-3184                                                          
          Application 07/981,910                                                      


          treating a patient by vibrating a column of gas which is in                 
          communication with his airway” (column 1, lines 15 through 17).             
          This treatment is said to exercise and massage the airway and               
          associated organs, to loosen and remove mucous therefrom, and to            
          cause the gas to diffuse more rapidly within the airway (see                
          column 1, lines 51 through 57).  As explained by Emerson,                   
                    [t]he method and apparatus of the present                         
               invention may be used to vibrate a column of gas during                
               both the period of a patient’s inhalation and the                      
               period of his exhalation or during either of said                      
               periods.  The column of gas which is vibrated may be                   
               under positive, negative or atmospheric pressures and                  
               it may be either static or in motion inwardly or                       
               outwardly of his airway and such motion may be created                 
               by his own natural breathing or by the application of                  
               positive or negative pressures to the column [column 1,                
               lines 31 through 40].                                                  
          In essence, the apparatus consists of a face mask A, a pump C, a            
          line, including tube 17 and conduit 11b, for connecting the face            
          mask to the input or output side 42, 43 of the pump, and a                  
          vibrating device B.  The vibrating device                                   
               comprises [a] chamber 25 having a movable wall or                      
               diaphragm 26 made of rubberized fabric or other air                    
               impervious flexible material and which when moved                      
               upwardly and downwardly varies the volume of the                       
               chamber and the pressure of the air therein.  The                      
               chamber 25 opens into the tube 17 through the passage                  
               21 and as the volume of the chamber is varied                          
               vibrations or pulsations are created in the gas in the                 
               tube 17 causing the gas to move first in one direction                 
               and then in the opposite direction.  These vibrations                  
               are transmitted to the column of gas in the conduit 11b                

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