Ex parte BARBOUR - Page 2



         Appeal No. 97-0048                                                        
         Application No. 08/292,186                                                

              a.  a playback unit at the place where the user stores               
         medication, said playback unit including a loud speaker and               
         circuitry for producing speech sounds identifying contents within         
         a medication container in response to placing the medication              
         container in operative association with the playback unit;                
              b.  said medication container having a memory unit with              
         external electrical contacts adapted for operative engagement             
         with the circuitry of said playback unit; and                             
              c.  a programming unit at a pharmacy station having                  
         electrical terminals adapted for operative engagement with                
         the terminals on said medication container for transferring at            
         least medication identification and other related information             
         into the memory unit of said container.                                   
              The examiner relies on the following references:                     
         Schollmeyer et al.       4,504,153          Mar. 12, 1985                 
         (Schollmeyer)                                                             
         Hafner                   5,181,189          Jan. 19, 1993                 
         Moore                    5,291,191          Mar.  1, 1994                 
         Sibalis                  5,358,483          Oct. 25, 1994                 
                                           (filed Sep. 23, 1992)                   
         Damark Product Catalog (Damark)2, “Electronics Direct,” pages 16,         
         20-21, and 25, 1994.                                                      
              Claims 1 through 10 stand rejected under 35 U.S.C. '  103.           
         As evidence of obviousness, the examiner cites Schollmeyer,               
         Hafner, Moore and “what was well known in the art as evidenced by         
         the Damark Product Catalog,” with regard to claims 1 through 3, 5         



                                                                                  
         2   The Damark reference was introduced for the first time in the         
         answer in response to appellant’s challenge to the examiner to            
         produce a reference showing that playback systems were “well              
         known in the art,” as alleged by the examiner.                            

                                         2                                         



Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007