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. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007