... Approval of the Domestic Industry Products At the hearing, Stacy Erlich, Philip Morris’s expert in the field of FDA law and the regulation of tobacco and nicotine products, testified that “all e-cigarette products are illegal . . . because none ...

These scientifically validated interventions would remain available to all smokers if the IQOS products are excluded from the U.S. market, and none have the carcinogenic chemicals produced by IQOS. 7.

As the pyrophorous material, we prefer to employ a 30 moderately active Raney metal, such as finely divided iron, nickel, zinc or lead which, when contacted by air or oxygen, will generate heat.

Extending laterally from the inner end of the tubular member between the tobacco preparation 20 and the filter 23 is an impervious flange or 30 ring 42 which blocks connection between the heating material and the passageway leading to the smoker’s mouth.

The nicotine-releasing tobacco shown at 51 is heated to a temperature between 200° and 400° C. to cause the release of nicotine vapors and aerosol-forming 15 materials, which are drawn along the smoke passage in­ side the tubular member through the chamber 53 and filter 23 to the mouth of the smoker.

and an outside diameter between approximately one and one-half and three times the inside diameter disposed in said body ele­ ment and extending from the outer end thereof at least part way towards the mouthpiece end, a nicotine-releasing composition which releases nicotine vapor and potentially aerosol-forming materials including water vapor when subjected to an elevated temperature below its ignition point disposed in a thin coating around the inner surface of the tubular member, and means for heating the nico­ tine-releasing composition to an elevated temperature be­ low its ignition point between approximately 200° C. and 400° C. to cause the release of the nicotine vapor and the potentially aerosol-forming materials and being positioned around the outside of the tubular member, said body ele­ ment being formed with a continuous passageway from the outer end through the tubular member in communi­ cation with the nicotine-releasing composition but being free from communication with the heating means, and said passageway being provided with an aerosol-nucleating chamber between the nicotine-releasing composition and the mouthpiece end and being of a size so that the poten­ tially aerosol-forming materials cool and condense into aerosol particles and so that nicotine vapor contacts said aerosol particles and condenses thereon whereby the nico­ tine assumes the transferability of the aerosol particles.

A smoking device as set forth in claim 16 in which the heating means comprises tobacco particles having good smoldering characteristics disposed around the tubu­ lar member and encased in a cigarette wrapper.

Instruments formed if desired, but it must be liquid tight eo 10 of this character heretofore provided are and should be easily disassembled to facili­ quite intricate and invariably become so hot tate cleaning the vaporizer.

In the drawings, Figure 1 is a sectional side The shank is adapted to form a fluid tight 80 80 elevation of my invention showing it sup­ joint with the upper tapered end of the tube ported from a suitable hanger.

of a part of the heating element in the pre­ 3, to provide the entrance of a current of air ferred form of my invention, and into the container at the moment of inhala­ Figure 5 is a sectional side elevation of a 40 modification of my improvement.

To protect the container 14 against lateral My invention comprises a suitable hollow movement relative to the tube 10 I either handle 7 of any desired material over the extend the thimble or seat 11 a substantial upper end of which.

When not in use my improved vaporizer is supported from the wall of the household medicine cabinet, or other place, by a suit- 85 able spring hanger 34, or otherwise as by an eye or hook 35, Figure 5, later described.

(2006.01) A24F1/00 (52) U.S. Cl............................ 131/200; 131/273; 131/359; 131/194; 131/360; 131/331 (58) Field of Classification Search ......................... None See application file for complete search history.

... motivation is required for demonstrating obviousness, i.e., a showing that the proposed combination is merely the substitution of one known element for another to achieve predictable results being sufficient, the PHOSITA nonetheless ...

To the extent that Takeuchi discloses a control circuit but allegedly not a “circuit board,” the limitation is nonetheless obvious, because circuit boards were conventional, well-known components of small electronics devices long before the ...

(2006.01) A24D1/04 (2006.01) A24D3/00 (52) U.S. Cl............ 131/200; 131/194; 131/273; 131/359; 131/360; 131/331 (58) Field of Classification Search ............................None See application file for complete search history.

Id. None of those circumstances are applicable here.

Nonetheless, even if the preamble were interpreted as a limitation, the Board in IPR2016-01289 found that the term “electronic cigarette” means “a device for generating liquid droplets for inhalation by a user, where the device functions ...

In that regard, none of the claim limitations in claims 15 and 16 recite or rely in any way on the preamble language for “an electronic cigarette.” Rather, the claim fully recites the limitations that define the invention and the preamble is not ...

However, Brooks nonetheless discloses an “electronic 35 Exhibit 1009-00038 cigarette.” “The present invention relates to cigarettes and other smoking articles which employ an electrical resistance heating element and an electrical ...

However, even if Brooks were silent about the structure of his “porous substrate,” it would have nonetheless been obvious to include fiber material in the “porous substrate” of Brooks as taught by Brooks, as well as by Cook and/or ...

CPC ..................................... A24F 47/008 (2013.01) USPC ........... 131/200; 131/335; 131/336; 131/273; 131/359; 131/194 (2006.01) (2006.01) (58) Field of Classification Search None See application file for complete search history.

In that regard, none of the claim limitations in claims 1-2 recites or relies in any way on the preamble language for “an electronic cigarette.” Rather, the claim fully recites the limitations that define the invention and the preamble is not ...

E. Abstracts, Reviews: None F. Other Writings: Theses: Sturges, R.H., 1969.

§112 1-30 None I have been asked to consider how a POSA would have understood the challenged claims in light of the disclosures of the ’202 patent.

Nonetheless, by the 1960s, the aerosol mechanics of evaporated nicotine were much better understood.

While Takeuchi does not explicitly disclose that “the cartridge is circumscribed with a wrapping material,” a POSA would have nonetheless found such an implementation to be obvious.

In other words, in each of these prior art articles, it is impossible to release continuously a predetermined suitable amount of the aerosol every time a user takes a single puff.

6,155,268 The free space between the outlet portion 365 of the capillary tube 36 and the inhalation port 22 can act as a cooling chamber 21 which constitutes a part of the gas passageway.

It is also possible to arrange an adjusting shutter 28 having a plurality of openings in the casing 12 in a manner to surround the outer air introduction hole 26, as shown in the drawing.

Also, it is possible to apply an electrical locking to the device so as to inhibit the inhaling action of the user in addition to the lighting of the lamp 56 in order to inform the userthat the remaining amountof the liquid flavor source 34 is small.

Incidentally, it is possible to provide an air flow rate- adjusting dial 105, which is knownperse, arranged down- stream of the cylindrical body 103 and upstream ofthe liquid container 32.

None of these ‘‘low odor’’, ‘‘low sidestream’’ or ‘‘good smelling’’ products held a significant market share in 2003.16 In the late 1990s, tobacco companies started to offer ‘‘potentially reduced exposure products’’ (PREPs) which claimed ...

Nonetheless, these smokers felt significant social pressure from non-smokers: They said cigarettes were most enjoyable when they felt that their smoking was not bothering other people.

... ProjectPA(pleasant ProjectSC(sociallyconscious) ProjectFAT(freshaftertaste) Chelsea ProjectTF(totalfemale) ProjectSA(socialaccept)93155 extension Winston/Salemline PremierKS SalemExcel VantageExcel NowCC None ...

For example, it is often desirable to treat respiratory ailments with, or deliver drugs by means of, aerosol sprays of finely divided particles of liquid and/or solid, e.g., powder, medicaments, etc., which are inhaled into a patient’s lungs.

One of the more popular techniques for generating an aerosol including liquid or powder particles involves the use of a compressed propellant, often containing a chloro- fluoro-carbon (CFC) or methylchloroform, to entrain a material, usually by the Venturi principle.

When it is desired to generate an aerosol intermittently for drug inhalation, the aerosol generator 23 is preferably pro­ vided with a puff-actuated sensor 37 (shown by dotted lines), which preferably forms part of a mouthpiece 39 (shown by dotted lines) disposed proximate the open end 25 of the tube 23, for actuating the pump 35 and the heater 27 so that material in liquid form is supplied to the tube 23 and the material is volatilized by the heater.

While not wishing to be bound by theory, it is beEeved that the extremely smaE mass median particle diameters of the aerosol according to the present invention are achieved at least in part as a result of the rapid cooling and condensation of the volatilized material that exits the heated tube.

The end of the capillary tubing was centered and supported inside a mouthpiece that was machined for mating to the induction port that connected to a MOUDI model 100 cascade impactor, available from MSP Corporation.

... (US); David William Griffith, Jr., Winston-Salem, NC (US); Billy Tyrone Conner, Clemmons, NC (US); Evon Llewellyn Crooks, Mocksville, NC (US); Dempsey Bailey Brewer, Jr., East Bend, NC (US) (58) Field of Classification Search None ...