Ex parte BARBOUR - Page 3



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

         and 7 through 10, adding Sibalis to this combination with regard          
         to claims 4 and 6.                                                        
              Reference is made to the briefs and answer for the                   
         respective positions of appellant and the examiner.                       
                                      OPINION                                      
              We reverse.                                                          
              The instant claimed invention requires identification of a           
         medication within a container with audible speech or speech               
         sounds.                                                                   
              In applying Schollmeyer to the instant claims, the examiner          
         notes that Schollmeyer teaches the use of “an audible prompting           
         sound to notify a user of the medication in the container”                
         [answer-page 4].  It is true that Schollmeyer teaches a prompting         
         system, wherein a user is prompted by a signal, audible or                
         visual, as to the time for taking medication.  However,                   
         Schollmeyer nowhere suggests that the medication in the container         
         is identified or that the signal identifying the medication is            
         one of speech.                                                            
              It is true that, at column 5, lines 15-19, Schollmeyer               
         describes a “different arrangement” whereby an LCD display                
              indicates not only that a medication should not be                   
              administered, but also indicates which medication, making            
              possible the prompting of the patient to take several                
              different medications at different times.                            




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Last modified: November 3, 2007