Ex parte RETALLICK - Page 6




          Appeal No. 98-3360                                         Page 6           
          Application No. 08/556,099                                                  


          the liquid to the reservoir of the nebulizer, where such a                  
          stream does not exist, the requirements of claim 3 are not met.             
          As was the case above, the defect is not cured by the secondary             
          reference.                                                                  
               It therefore is our conclusion that the combined teachings             
          of the two applied references fail to establish a prima facie               
          case of obviousness with regard to the subject matter recited               
          in any of the claims, and the rejection cannot be sustained.                





























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