Ex parte ABRAMS et al. - Page 2




                 Appeal No. 1998-0805                                                                                                                   
                 Application No. 08/599,508                                                                                                             


                 application.  Subsequent to the final rejection, a number of                                                                           
                 the claims were amended and claims 3, 22, and 34-43 were                                                                               
                 canceled.  However, the examiner maintained the final                                                                                  
                 rejection, leaving  claims 1, 2, 4-20 and 24-33 before us on                                                                           
                 appeal.                                                                                                                                
                          The appellants’ invention is directed to a dry powder                                                                         
                 inhaler.  The invention is illustrated by reference to claim                                                                           
                 1, which reads as follows:                                                                                                             

                                   1. A dry powder inhaler comprising, a first                                                                          
                          chamber in which means for deaggregating a dry                                                                                
                          powder by vibrating said powder,  a first air flow        2                                                                   
                          passageway in which the deaggregated powder can be                                                                            
                          separated by size, and a second air flow passageway                                                                           
                          in which the size-separated powder can be picked up                                                                           
                          and carried for inhalation by a patient.                                                                                      




                                                               THE REFERENCES                                                                           
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   


                          2This phrase is confused.  It would appear that “in                                                                           
                 which” should read --having--.  In any event, correction                                                                               
                 should be made.                                                                                                                        

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