Appeal No. 99-0230
Application No. 08/396,277
Henry also is directed to an inhalation device in which
the introduction of an aerosol drug from a nebulizer is
controlled in reliance upon a specific level of air flow
during inhalation. In the Henry system, a piezoelectric film
sensor is placed in a secondary duct through which the patient
also inhales, and it generates a signal proportional to the
level of inhalation air flow therein, which is used to actuate
the nebulizer. As we understand the examiner’s position, it
is that the Henry piezoelectric film sensor is a microphone,
and that it reacts to mechanical shock or vibration in the
airstream, which constitutes turbulence (see Paper No. 23,
page 4). We cannot agree with this conclusion. First of
all, there is no mention in Henry of turbulence being created
in the passage in which the piezoelectric sensor is located.
However, even if the presence of turbulence is assumed, the
examiner’s statements are contradicted by the common
definitions known in the art, which are that a piezoelectric
device generates a signal by virtue of being deformed, whereas
a microphone converts sound waves, especially speech and
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