Appeal No. 2000-1669 Page 9
Application No. 08/433,328
for all embodiments (column 7, lines 1-6) and discloses that
grid (30), which is shown in the air passageway (Fig. 8), is
also of an anti-static material such as stainless steel.
Therefore, it is our further opinion that, because one of
ordinary skill in the art would have recognized the importance
that the medicament actually reach the respiratory tract of
the user during inhalation, it would have been obvious to that
person at the time the invention was made to make Kraemer's
tube (1) of stainless steel since, as suggested by Calvert,
making the air passage of anti-static material, like stainless
steel, minimizes the extent powdered medicament can
agglomerate on the surface of the inhaler's air passage.
We note appellants' argument that Calvert is not directed
to a spacer or to an MDI; thus one of ordinary skill in the
art would not be motivated to consider Calvert in combination
with Kraemer. In order to rely on a reference as a basis for
rejection of the applicant's invention, the reference must
either be in the field of applicants’ endeavor or, if not,
then be reasonably pertinent to the particular problem with
which the inventor was concerned. See In re Deminski, 796
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