Appeal No. 98-2769
Application 08/485,960
detachably connected, one at a time, to a plurality of therapeutic agent sources (226B1, 226B2,
226B3) via the drug reservoir selector switch (230). Note also the detachable and replaceable patch
or therapeutic agent source (248B) of Sibalis ‘479 Figure 19 and the disclosure regarding the alternate
connector device of Figure 20 of Sibalis ‘479 for removably securing the disposable therapeutic agent
source (248B) to the controller therein.
In light of the foregoing, we will sustain the examiner’s rejection of claim 21 under 35 U.S.C. §
102(b) based on Sibalis ‘479. Given the lack of any specific argument directed at the examiner’s
rejection of dependent claims 22 through 27 under 35 U.S.C. § 102(b), we view these claims as falling
with independent claim 21.
To summarize our decision, we note that 1) the examiner's rejection of claims 9 and 19 under
35 U.S.C. § 112, first paragraph, has not been sustained; 2) the examiner's rejection of claims 1
through 27 under 35 U.S.C. § 112, second paragraph, has been sustained with regard to claims 1
through 20, but not with regard to claims 21 through 27; 3) the examiner’s rejection of claims 1 through
27 under 35 U.S.C. § 102(b) based on Phipps ‘894 has not been sustained; 4) the examiner’s
rejection of appealed claims 1, 2, 5 through 8, 10 through 18 and 20 through 27 under 35 U.S.C. §
102(b) as being anticipated by Sibalis ‘479 has been sustained with regard to claims 21 through 27 on
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