Appeal No. 97-0943 Page 6
Application No. 08/232,502
As set forth in the specification, the weight of the drug
and hence its concentration is determinable when the specific
dosage rate, body weight, rate of infusion and amount (i.e.,
volume) of solution are known. However, in step C of claim 1,
the specific rate of infusion is not specified since step C
refers to the standardized rate range of infusion established
in step B of claim 1. Since the standardized rate range of
infusion is a variable, it is not possible to determine the
weight of the drug and hence its concentration. The appellant
states (Amendment filed May 11, 1996, Paper No. 8, page 2)
"the Examiner is correct in stating the maximum rate of
infusion is used to calculate the concentration." However,
step C of claim 1 does not recite that the maximum rate of
infusion is used to calculate the concentration, instead step
C of claim 1 incorrectly recites that the rate range of
infusion is used to calculate the concentration.
Likewise, the specific amount (i.e., volume) of solution
is not able to be specified since the drug has not yet been
mixed in the infusion bag. We read the preamble of claim 1 to
recite that the drug is part of the solution. Thus, the
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