Ex parte BOUSSIGNAC et al. - Page 7




          Appeal No. 96-1902                                                          
          Application No. 08/156,679                                                  

                    By contrast, in the present invention,                            
               measurement of the pressure within the ballonet is                     
               used to control the flow of respiratory gas under                      
               normal operating conditions.  [Brief, pages 8 and                      
               9.]                                                                    
               With respect to this argument, we must point out that                  
          independent claim 11 broadly recites:                                       
               electronic control means controlled by said signals                    
               for controlling a cyclic flow of respiratory gas                       
               supplied to a patient.                                                 
          As the appellants recognize, electronic control signals from                
          pressure receivers 10 (which provide voltage signals in                     
          response to the pressure in balloon sleeve 3 via probe 6) and               
          45 (which provide voltage signals in response to the pressure               
          in the intratracheal space 2 via probe 5) are used to control               
          the flow of respiratory gas in the respirator 44 of Weerda.                 
          The appellants have correctly noted that the control signals                
          from the pressure receiver 10 only function to "switch" the                 
          operation of Weerda's respirator 44 in the case of                          
          "disturbances."  What the appellants overlook, however, is                  
          that when the control signals from the pressure receiver 10                 
          "switches" the operation of Weerda's respirator, it causes the              
          respirator to switch from one type of cyclic flow to another                
          type of cyclic flow.  That is, it switches the respirator from              

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