Ex Parte 5564803 et al - Page 15




               Appeal No. 2006-0813                                                                                                  
               Reexamination Control No. 90/006,235                                                                                  
                               which support cassettes or racks 56 containing the medicine drawers                                   
                               38.  These racks 56 are removable and provide for various size                                        
                               medicine storage drawers 38.  This permits the cart to be arranged in                                 
                               whichever manner is the most convenient for the particular user.  For                                 
                               example, as shown in FIG. 3, large drawers or bins 38 are provided in                                 
                               the bottom rack which may be for less often used or larger containers.                                
               The removable racks 56 meet the limitation of claim 17 requiring “at least one removable                              
               partition positioned between adjacent drawers . . . .”  One having ordinary skill in the art                          
               would have recognized that Oye’s drawer and removable rack configuration would be                                     
               beneficial in McLauglin’s medicine cart to facilitate McLauglin’s teaching that the “number of                        
               drawers can be varied as needed to provide the appropriate station inventory capacity.”                               
               McLaughlin, col. 5, l. 67 - col. 6, l. 2.  One having ordinary skill in the art would have been                       
               motivated to use the removable racks in conjunction with McLaughlin’s medicine cart to                                
               facilitate customization of the number of drawers.  The subject matter of Claim 17 would                              
               have been obvious to one having ordinary skill in the art.                                                            
                                                           Conclusion                                                                
                       The decision of the examiner rejecting Claims 1-34 is affirmed.                                               
                       A new ground of rejection is entered as to Claim 17.                                                          
                       No time period for taking any subsequent action in connection with this appeal may                            
               be extended under 37 CFR § 1.136(a).                                                                                  

                                                           AFFIRMED                                                                  
                                                                                                                                    
                                       /Richard E. Schafer/                                                                          
                                       RICHARD E. SCHAFER                     )                                                      
                                       Administrative Patent Judge                 )                                                 
                                                                              )                                                      
                                                                              )                                                      
                                                                        )                                                            
                                       /Romulo H. Delmendo/                        )    BOARD OF PATENT                              
                                       ROMULO H. DELMENDO       )            APPEALS                                                 
                                                                 15                                                                  





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007