Appeal No. 2001-0140
Application No. 09/356,916
implies that the composition of individual agent doses in
different or varying concentrations, because otherwise the
sequence would be irrelevant.
The examiner relies on Peery for disclosing a dispensing
system which comprises contained agents of varying dosage amounts
whether twice or four times or N times a base contained amount.
The examiner concludes:
It would have been obvious to one of ordinary skill in
the art at the time of the invention was made
especially in view of Peery et al to incorporate two or
more different binary dosages in the invention of
Braverman for the purpose of allowing the dispensing of
different levels or dosages of agents [final rejection
at page 3].
The appellant argues that the examiner has made improper
assumptions in regard to the Braverman figures. The appellant
argues that the examiner improperly assumes that the contents in
the Braverman chambers are the same size and contain the same
active agent.
We agree with the appellant that Braverman and Peery do not
suggest a binary dispensing array. While Figures 2 and 4 of
Braverman depict what appears to be two pills in one chamber and
one pill in another chamber, there is no disclosure in Braverman
related to what the two pills in the chamber are. Specifically,
Braverman does not disclose that the two pills in the chamber are
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