Appeal No. 2000-1669 Page 2
Application No. 08/433,328
THE INVENTION
The appellants' invention relates to an oblong spacer to
be used in conjunction with a metered dose inhaler
(specification, page 1). Claims 16 and 17 read as follows:1
16. A spacer for use with a metered dose inhaler (MDI),
comprising a continuous solid metal body which defines a
chamber having a total volume of between 50 and 400 ml,
wherein said body has a generally oblong shape which is
rotationally symmetrical about a longitudinal axis and an
opening at each end, one of the openings being adapted for
connection to a metered dose inhaler (MDI).
17. The spacer of claim 16, wherein the body is composed of
stainless steel.
THE PRIOR ART
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Kraemer 5,427,089 Jun. 27, 1995
(filed Sep. 8, 1993)
Calvert et al. (Calvert) 5,522,383 Jun. 4,
1996
1 Applicants' amendment (Paper No. 16), filed October 8, 1998, prior to the
final rejection (Paper No. 18), includes changes to claim 16, the abstract and
the specification. Notwithstanding the examiner's approval of entry of this
amendment (See Paper No. 18), we note that the record does not show that the
amendment has been formally entered. Nevertheless, because the examiner has
indicated that the correct reading of claim 16 is that which is found in the
appendix to the brief, we shall treat the copy of claim 16 in the brief as
being the correct one for purposes of deciding this appeal.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007