Appeal No. 2007-0671 Page 8
Application No. 10/836,174
According to the examiner (Answer, page 4),
Wolf teaches a disposable medication dispenser (Figs. 12-17c)
comprising, in combination, a canister 1590[ ]for storing medication,
an electronic circuit 1200 for displaying the number of doses
remaining in said canister, and a housing 1210 for said electronic
circuit permanently attached to said canister whereby said housing
and said electronic circuit are discarded with said canister when the
medication in said canister have [sic] been depleted.
Contrary to the examiner’s assertion, Wolf does not teach a device wherein the
housing for the electronic circuit is permanently attached to the canister so that
the housing, electronic circuit, and canister are discarded with the medicine in the
canister is depleted. Instead, as appellant correctly points out (Brief, page 3),
“Wolf teaches a dispenser that uses a replaceable canister rather than a canister
permanently attached to the dispenser housing as claimed.” Specifically, Wolf
teaches an apparatus into which a
patient then inserts a prescribed drug in its manufacturer’s actuator
dispenser package (which has attached “piggyback” to it the
apparatus of the present invention). . . . The patient may change
out depleted drug dispenser packages as needed and replace with
new ones. The apparatus of the present invention even records
this event.
Wolf, column 3, lines 51-61. As Wolf explains (column 17, lines 8-12), “[t]he
accessory chronology 1200 is attached to the adaptable housing 1210 via a snap
latch system 1470. There are two each snap latches 1470. There are two each
snap latches 1470 on both sides of the housing 1410 to securely hold the
assembly between the devices 1200 and 1210.” In our opinion, the ability of
Wolf’s device to record when a patient changes out depleted drug dispenser
packages (e.g., canisters) is hardly consistent with the requirement in appellant’s
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