Appeal No. 2006-1728 Παγε 2
Application No. 10/337,417
(specification, page 1). In particular, the mists include
distinct liquid particles with a small diameter, typically 1-5
microns (specification, page 2). Claim 1 is representative of
the invention, and is reproduced as follows:
1. A method of reducing the body temperature of a patient
for any clinical condition in which a reduction in body
temperature is desirable, comprising:
(a) administering a mist to said patient by ventilation,
wherein:
(i) said mist is generated by a nebulizer and
contains liquid particles having an average
size of no more than 5 microns in diameter;
(ii) said mist comprises a mixture of a
physiologically acceptable gas and a
physiologically acceptable liquid;
(iii) said mist is administered at a temperature
below the body temperature of said patient;
and
(b) maintaining the administration of said mist until said
patient’s body temperature is reduced.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Michaels et al. (Michaels ‘854) 3,812,854 May 28, 1974
Michaels et al. (Michaels ‘002) 4,595,002 Jun. 17, 1986
Schutt 5,540,225 Jul. 30, 1996
Faithfull et al. (Faithfull) 6,041,777 Mar. 28, 2000
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