The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte CHRISTER STROM
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Appeal No. 2005-2101
Application No. 09/922,504
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HEARD: JANUARY 24, 2006
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Before FRANKFORT, CRAWFORD and BAHR, Administrative Patent Judges.
FRANKFORT, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal from the examiner's final rejection of claims 1 through 7, all
of the claims remaining in the application. Claims 8 through 14 have been canceled.
Appellant’s invention relates to a ventilator of the type having an inspiratory unit and an
expiratory valve for regulating a flow of breathing gas, and a control unit for controlling the
inspiratory unit and expiratory valve to, among other things, generate a “recruitment
phase” with an elevated basic pressure for the breathing gas, with a plurality of breaths
superimposed on the elevated basic pressure and an increased breathing rate with no
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