Appeal No. 1998-0805
Application No. 08/599,508
leading from powder dispensing chamber 51 to air conduit 31,
in which a flow arrow is shown.
Wilke discloses an inhaler comprising a chamber (in
passage 4) having means for deaggregating a dry powder in a
capsule (13) by vibrating the capsule, and a flow passageway
(12) for carrying the deaggregated powder to the patent for
inhalation. In the Wilke device, the powder discharges from
the chamber in which the capsule is positioned directly into
the air flow passageway from which the patient inhales. Wilke
does not disclose or teach an additional passageway in which
the deaggregated powder can be separated by size and thus,
from our perspective, clearly lacks one of the components
required by claim 1. We do not agree with the examiner’s
manner of reading the language of claim 1 onto the Wilke
inhaler, which appears to apply the labels of both “chamber”
and “first air flow passage” to the chamber of Wilke.
It therefore is our conclusion that Wilke fails to
anticipate the subject matter recited in claim 1, and we will
not sustain the Section 102 rejection of claim 1 or, it
follows, of claims 18 and 19, which are dependent therefrom.
The Rejections Under 35 U.S.C. § 103
6
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