Appeal No. 97-2884
Application 07/824,855
from consideration pursuant to 37 CFR § 1.142(b).
The subject matter on appeal relates to a spring-powered
drug infusion device. A copy of the appealed claims appears
in the appendix to the appellants’ brief (Paper No. 27).
The references relied upon by the examiner as evidence of
anticipation and obviousness are:
Cohen 3,847,304 Nov. 12,
1974
Malacheski et al. (Malacheski) 4,077,544 Mar. 7,
1978
Negaty-Hindi et al. (Negaty-Hindi) 4,756,450 Jul.
12, 1988
Gangemi 4,966,585 Oct. 30,
1990
The appealed claims stand rejected as follows:
a) claims 58 through 61 under 35 U.S.C. § 112, first
paragraph, as being based on a specification which fails to
provide an adequate written description of the invention;
b) claims 58 through 61 under 35 U.S.C. § 112, second
paragraph, as failing to particularly point out and distinctly
claim the subject matter the appellants regard as the
invention;
c) claims 58, 60 and 61 under 35 U.S.C. § 102(b) as being
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