Ex Parte Kircher et al - Page 2



                    Appeal No. 2004-2032                                                                                                                                  
                    Application No. 09/729,498                                                                                                                            

                    which respectively comprises a computing means and step for                                                                                           
                    determining the compatibility of the pharmaceutical components                                                                                        
                    relative to one another and determining the order in which the                                                                                        
                    components are transferred in preparing a prescription admixture.                                                                                     
                    Further details of this appealed subject matter are set forth in                                                                                      
                    representative independent claims 1 and 241 which read as follows.                                                                                    
                              1.  Apparatus for use in controlling the operation of at least                                                                              
                    one pharmaceutical compounder adapted to selectively transfer                                                                                         
                    prescribed amounts of pharmaceutical components from individual                                                                                       
                    source containers through elongated hollow transfer means to a                                                                                        
                    final container in order to prepare a prescription admixture, said                                                                                    
                    apparatus comprising:                                                                                                                                 
                              computing means having memory means for storing instructions                                                                                
                    for operating the apparatus and for controlling the compounders to                                                                                    
                    prepare a prescribed admixture, said memory means including data                                                                                      
                    relating to a plurality of the pharmaceutical components that may                                                                                     
                    be transferred to prepare the prescription admixture, and data                                                                                        
                    concerning the operating characteristics of at least one of the                                                                                       
                    compounders that the apparatus is adapted to control;                                                                                                 
                              said computing means including at least one communication port                                                                              
                    for establishing a communication link with each compounder that is                                                                                    
                    to be controlled;                                                                                                                                     
                              said computing means being adapted to receive a prescription                                                                                
                    admixture, identify the pharmaceutical components thereof,                                                                                            
                    determine the compatibility of the pharmaceutical components                                                                                          
                    relative to one another, determine the order in which the                                                                                             
                    components are transferred in preparing the prescription admixture,                                                                                   
                    and communicate the instructions for preparing the prescription                                                                                       
                    admixture to the compounders that are to be used in preparing the                                                                                     
                    prescription admixture.                                                                                                                               

                              1 We note the following informality in claim 24 which is                                                                                    
                    deserving of correction.  With reference to the claim 24 copy                                                                                         
                    which appears in the brief appendix, the phrase “the apparatus”                                                                                       
                    on line 5 lacks strict antecedent basis.  This informality would                                                                                      
                    be rectified by, for example, inserting the phrase –-an apparatus                                                                                     
                    including–- after the recitation “controlling the operation of”                                                                                       
                    on line 1.                                                                                                                                            
                                                                                    22                                                                                    




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