Appeal No. 96-0899
Application 07/863,216
at least one console keyboard and an associated console
keyboard controller in each said cluster;
a central controller connected to each one of said
keyboard and visual indicator cluster controllers, each one of
said multi-character display cluster controllers; and said
console keyboard controller for providing data to, and receiving
data from said cluster controllers and said console keyboard
controller said central controller including a memory for storing
a plurality of patient identifiers and for associating each
particular one of said patient identifiers with a particular one
of said patient tracking modules within a particular one of said
plurality of clusters.
The examiner relies on the following references:
Waters et al. (Waters) 4,225,852 Sep. 30, 1980
Burnett 4,418,334 Nov. 29, 1983
Auer et al. (Auer) 4,725,694 Feb. 16, 1988
Fu et al. (Fu) 4,803,625 Feb. 7, 1989
Shipley 4,967,195 Oct. 30, 1990
Brimm et al. (Brimm) 5,072,383 Dec. 10, 1991
Kukla 5,101,476 Mar. 31, 1992
Claims 5 through 11 stand rejected under 35 U.S.C. 103
as unpatentable over Auer in view of common practice, as
exemplified by various references cited by the examiner in
explaining the rejection.2
Normally, references not forming part of the stated rejection2
are given no consideration, In re Hoch, 428 F.2d 1341, 1342 n.3,
166 USPQ 406, 407 n.3 (CCPA 1970). However, in the instant case,
appellants appear to be well aware of the examiner's reliance on
these references as indicated by the arguments in the brief.
Therefore, we will not dismiss these references out of hand.
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