Appeal No. 2006-1728 Παγε 8
Application No. 10/337,417
diameter of 5 microns or less because there is no motivation to
maintain a small particle size since the lungs are saturated with
a liquid that is exceptionally capable of exchanging oxygen.
From our review of Schutt we find that the disclosure (col.
10, lines 20-28) that
If the lungs have been compromised by an irritant, then
surfactant replacement may be necessary. Oxygenatable
fluorocarbons with positive spreading coefficients and
low vapor pressures could provide an improved lavage
fluid. That fluorocarbon could also be provided as a
liquid or aerosol in combination with an expectorant.
The biocompatible fluorocarbon is easily taken into the
lung and the expectorant additive facilitates the
removal of the secretions of the bronchopulmonary
mucous membrane.
From this disclosure, we find that to remove secretions of the
mucous membranes in the lungs, the fluorocarbon can be provided
as a liquid or aerosol in combination with an expectorant. We
find nothing in this passage, or anywhere else in Schutt, that
would have suggested replacement of the liquid fluorocarbon in
the disclosed invention of Schutt with an aerosol, other than
when used in combination with an expectorant to remove secretions
from a patient’s lungs. That is, we find that the reference to
using an aerosol in combination with an expectorant is for the
purpose of removing lung secretions and not to replace the liquid
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