Appeal Number: 2006-1762
Application Number: 09/848,774
As to the remaining claims, the appellants present no arguments to them separate from those
indicated above, and therefore those claims stand or fall with claim 22.
Accordingly we sustain the examiner's rejection of claims 22 through 38 rejected under
35 U.S.C. § 103 as obvious over Schenk in view of Velasquez.
REMARKS
We note that the phrase “respirable fraction” is a term of art that may be pertinent in
resolving any further patentability issues concerning the amount of a medicament needed to be
inhaled to achieve appropriate absorption.
CONCLUSION
To summarize,
• The rejection of claims 22 through 38 rejected under 35 U.S.C. § 103 as obvious over
Schenk in view of Velasquez is sustained.
No time period for taking any subsequent action in connection with this appeal may be
extended under 37 CFR § 1.136 (a) (1) (iv).
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