Appeal No. 2006-1728 Παγε 7
Application No. 10/337,417
ventilation to alter body temperature in a procedure which either
uses mists that are heated and cooled prior to administration or
uses mists in which the average droplet size is maintained at 5
microns or less. It is argued (brief, page 6) that in Schutt, it
is the liquid that is pumped into a patient’s lungs that is used
to effect a temperature change, not a mist.
Appellants additionally argue (id.) that there would be no
motivation to use a mist that is heated or cooled because heat
exchange is already being accomplished by heating or cooling the
perfluorocarbon liquid. As to the assertion of the examiner that
Schutt suggests administering the fluorocarbons as an aerosol,
appellants assert that the examiner has taken the statements in
this passage out of context, because the reference is discussing
the use of fluorocarbons, not in a partial liquid ventilation,
but as a vehicle for administering an expectorant for the purpose
of removing unwanted bronchopulmonary secretions.
It is additionally argued (brief, page 8) that Faithfull
never suggests using partial liquid ventilation as a means for
changing the temperature of a patient’s body, and thus, never
suggests heating or cooling mists prior to when they are
administered to a patient. Appellants further assert (id.) that
Faithfull also fails to teach mists having an average droplet
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