Appeal No. 2005-2101 2
Application No. 09/922,504
withdrawal of breathing gas. As noted on page 1 of the specification, “[d]uring a
recruitment phase, the pulmonary alveoli are opened with a pressure (usually higher than
the normal inspiratory pressure for the patient), enabling them to remain open when
exposed to a lower pressure during a subsequent period of treatment.” While recognizing
the existence of certain prior procedures for instituting a recruitment phase (specification,
page 2), appellant maintains that the procedure described and claimed in the present
application has a number of advantages over the prior art procedures, i.e., while providing
a procedure that is relatively simple to carry out, the static pressure, combined with the
superimposed breaths, leads to more effective opening of the alveoli and improved
scavenging of carbon dioxide. Independent claim 1 is representative of the subject matter
on appeal and a copy of that claim can be found in Appendix A of appellant’s brief.
The single prior art reference relied upon by the examiner in rejecting the appealed
claims is:
Bird 5,862,802 Jan. 26, 1999
Claims 1 through 4 and 7 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Bird.
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