Appeal No. 97-2736
Application 08/067,221
through 4 and 7 through 9 under 35 U.S.C. § 103, we note that
Pritchard discloses a hand held aerosol actuator which
comprises an aerosol source (12, 24, 14, 38) capable of
expelling a turbulent aerosol dose of drug comprising
particles of respirable size, and a chamber (defined within
mouthpiece 22) having walls defining a constriction aperture
(60). The aerosol source in Pritchard “communicates” with the
chamber and comprises an exit orifice (36, 37) that directs
the aerosol along an axis into the
chamber. At least a portion of the walls which define the
constriction aperture in Pritchard are “opposite the exit
orifice” and the constriction aperture therein is coaxial with
the exit orifice. As recognized by the examiner (answer, page
3), the constriction aperture (60) of Pritchard has a radius
of about 1mm (column 2, lines 31-34) and a cross sectional
area of about 0.03 square centimeters, while the constriction
aperture of appellants’ claimed aerosol actuator is required
to have a significantly larger cross sectional area of 0.2 to
0.6 square centimeters.
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