Appeal No. 2006-1728 Παγε 6
Application No. 10/337,417
Faithfull for a teaching of an apparatus for administering
fluorocarbon to the lungs of a patient during partial liquid
ventilation. Faithfull specifies that the fluorocarbon is
administered by a nebulizer (98) in the form of a mist, to be
readily absorbed in the alveolar lung tissue. The examiner
asserts (answer, page 4) that “[i]t appears that the average size
of the nebulized liquid particles must be less than 5 microns,”
and that “it appears that the mist comprises less than 20% liquid
by volume”. The examiner additionally takes the position
(answer, pages 5 and 6) that the disclosure of Schutt (col. 10,
lines 24-25) “fluorocarbon could also be provided as a liquid or
aerosol in combination with an expectorant” makes a clear
suggestion that the procedure could be performed with a mist.
The examiner additionally relies upon the Michaels (‘854) patent
as evidence that nebulizers are capable of producing particles
having a size of less than 5 microns, or less than 2 microns so
that the particles can deposit in the alveoli of the lungs. The
examiner relies upon the Michaels (‘002) patent as evidence that
nebulizers are well known for producing mists that have at least
80% gas by volume.
Appellants' position (brief, page 4) is that the cited
references, even if combined, do not suggest using partial liquid
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