Appeal 2007-1820
Application 10/659,408
issues in this appeal. See 37 C.F.R. § 41.37(c)(1)(vii). Claim 18 reads as
follows:
A method for managing a respiratory condition
characterized by inflammation of air passageways in a subject
who is undergoing treatment for said condition, said method
comprising:
(a) establishing a baseline range of nitric oxide
concentration in said exhaled breath, said baseline range
representing said condition being under control in said
subject;
(b) measuring nitric oxide concentrations in a
series of samples of exhaled breath taken from said
subject at a measurement frequency of at least three times
per week over a period of at least seven days, and
comparing said nitric oxide concentrations so measured
to said baseline range;
(c) if said nitric oxide concentrations so measured
are within said baseline range or deviate therefrom by
less than 5 ppb based on an exhalation rate of 50 mL/sec,
or if said nitric oxide concentrations exceed the upper
limit of said baseline range by 5 ppb or more based on an
exhalation rate of 50 mL/sec but indicate a decreasing
trend, continuing said treatment without change; and
(d) if said nitric oxide concentrations so measured
exceed said upper limit by 5 ppb or more without
indicating a decreasing trend, modifying said treatment
and measuring nitric oxide concentrations in further
samples of exhaled breath at said frequency for at least
five days and repeating step (c) as necessary to bring said
nitric oxide concentration within said baseline range or
deviating therefrom by less than 5 ppb based on an
exhalation rate of 50 mL/sec.
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