Ex Parte Jinks - Page 2




                    Appeal No. 2005-1693                                                                                                                                       
                    Application No. 10/192,333                                                                                                                                 

                              The sole issue in this appeal is whether the examiner properly rejected claims 1 through                                                         
                    11 under 35 U.S.C. § 103(a) as being unpatentable over the combination of Warby (WO ‘154)1                                                                 
                    and Gleason (WO ‘356).2                                                                                                                                    
                                                                                      I.                                                                                       
                              According to the appellant, medicinal inhalation devices are well-known pharmaceutical                                                           
                    drug delivery devices.  They typically comprise a plurality of hardware components as well as a                                                            
                    number of internal surfaces that may come into contact with medicinal formulations during                                                                  
                    storage and delivery.  Often, the material comprising a particular component is found to be                                                                
                    unsuitable due to surface interactions between the material and the medicinal formulation.  See                                                            
                    Brief at 3; Specification at 1, lines 14-29.  In an effort to avoid these interactions, the interior                                                       
                    surfaces and components of medicinal inhalation devices have been coated with fluorocarbon                                                                 
                    polymers, such as polytetrafluoroethylene, using various processes, including plasma coating.                                                              
                    See Specification at 2, lines 6-15.                                                                                                                        
                              However, these coatings are said to suffer several drawbacks.  Specifically, continuous                                                          
                    plasma polymerization is said to produce fluorocarbon polymer films with a high degree of                                                                  
                    cross-linking which results in film brittleness, an undesirable property for long term stability                                                           
                    during storage and/or use in conjunction with movable components.  Furthermore, films                                                                      


                              1 International Publication No. WO 99/42154 published on August 26, 1999, and naming Warby as the                                                
                    inventor.                                                                                                                                                  
                              2 International Publication No. WO 97/42356 published on November 13, 1997, and naming Gleason, et al.                                           
                    as the inventors.                                                                                                                                          
                                                                                      2                                                                                        





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