Ex parte WEINSTEIN - Page 3




                Appeal No. 95-1747                                                                                                            
                Application 08/047,994                                                                                                        



                                 pushed downwardly, the protrusion on the top                                                                 
                                 segment will puncture the foil or flat                                                                       
                                 element of the blister pack.                                                                                 

                                 Preferably, the puncture mechanism has                                                                       
                                 toothed edges on this protrusion to enhance                                                                  
                                 puncturing.                                                                                                  


                                 Claim 9 is representative of the subject matter on                                                           
                appeal and a copy of that claim appears in Appendix A to                                                                      
                appellant's brief.2                                                                                                           


                                 The sole prior art reference of record relied upon by                                                        
                the examiner in rejecting the appealed claims is:                                                                             
                Gibilisco                4,887,755                Dec. 19, 1989                                                               


                                 Claims 9 through 18 stand rejected under 35 U.S.C.                                                           
                § 112, second paragraph, as being indefinite for failing to                                                                   
                particularly point out and distinctly claim the subject matter                                                                
                which appellant regards as the invention.                                                                                     

                         2The proposed claims found in Appendix B of appellant's                                                              
                brief have not been considered by this panel of the Board.  As                                                                
                explained in the paragraph bridging pages 7 and 8 of the brief,                                                               
                these claims were discussed with the examiner in a telephone                                                                  
                interview on June 1, 1994, but no formal amendment was submitted                                                              
                by appellant because the examiner indicated that he would not                                                                 
                enter such an amendment.                                                                                                      
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