Ex parte BASILICE et al. - Page 2




               Appeal No. 97-0938                                                                                                      
               Application 08/292,502                                                                                                  


                       The invention relates to a device which is adapted to be                                                        
               mounted on a conventional eye drop squeeze bottle to facilitate                                                         
               the administration of medication to a patient’s eye.  Claim 15 is                                                       
               illustrative and reads as follows:                                                                                      
                       15. An eye drop dispensing device for a squeeze bottle                                                          
               dispenser for administering fluid eye medication in drop dosages                                                        
               to an eye of a patient, said device comprising:                                                                         
                       a cylindrical, dome-shaped collar, said collar including an                                                     
               opening extending along a collar axis, said opening adapted to                                                          
               receive a dispenser nozzle of the dispenser;                                                                            
                       attachment means to secure said collar to the dispenser; and                                                    
                       a positioning means for assisting in an eversion of a lower                                                     
               eyelid to form a bowed configuration suitable to receive drops of                                                       
               the medication deposited from the outlet opening when the                                                               
               patients’ head is in an erect orientation to provide a                                                                  
               corresponding horizontal primary gaze position to a patient’s eye                                                       
               selected to receive medication, the dispensed eye drop dropping                                                         
               vertically from the outlet opening to contact the bowed                                                                 
               configuration of the eyelid before any contact with the eye, said                                                       
               positioning means extending away from said collar and including                                                         
               an outer end such that an axial displacement measured along said                                                        
               collar axis, between an edge of said outer end of said                                                                  
               positioning means adjacent the outlet opening when the dispenser                                                        
               is attached to said device, and the outlet opening, is less than                                                        
               about 10 mm.2                                                                                                           




                       2The term “the outlet opening” as it appears in claim 15                                                        
               lacks a proper antecedent basis, an informality which is                                                                
               deserving of correction in the event of further prosecution                                                             
               before the examiner.  Given the underlying disclosure, we                                                               
               understand this term to refer to the outlet opening on the nozzle                                                       
               of the bole dispenser.                                                                                                  
                                                                 -2-                                                                   





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