Appeal No. 96-3923
Application 08/309,790
claims present in the application.
We AFFIRM-IN-PART.
The appellants' invention pertains to a method and device
for reducing the incidence of tobacco smoking wherein an
irritant is utilized to simulate respiratory tract sensations
in a user that are substantively similar to those obtained by
inhalation of tobacco smoke. Independent claims 1 and 8 are
further illustrative of the appealed subject matter and copies
thereof may be found in the appendix to the appellants' brief.
The references relied on by the examiner are:
Rose 4,715,387 Dec. 29,
1987
Ray et al. (Ray) 4,800,903 Jan. 31, 1989
Fuller et al. (Fuller), American Physiological Society,
?Bronchoconstrictor response to inhaled capsaicin in humans?,
pages 1080-1084 (1985).
Claims 15-28 stand rejected under 35 U.S.C. § 112, first
paragraph, for failing to (1) provide an adequate written
description of the invention, (2) adequately teach how to make
and use the invention and (3) present a best mode of carrying
out the invention.
2
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