Ex parte PY - Page 3




                 Appeal No. 99-0184                                                                                       Page 3                        
                 Application No. 08/567,510                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a cartridge for                                                                          
                 applying medicament to an eye from a dispenser.  A copy of                                                                             
                 claims 9 through 15 is attached as Exhibit A to the                                                                                    
                 appellant's brief.3                                                                                                                    


                          No prior art is relied upon by the examiner in the                                                                            
                 rejection of the claims under appeal.                                                                                                  

                          Claim 15 stands rejected under 35 U.S.C. § 251.                                                                               


                          Claims 9 through 14 stand rejected under 35 U.S.C. § 251.                                                                     


                          Rather than reiterate the conflicting viewpoints advanced                                                                     
                 by the examiner and the appellant regarding the above-noted                                                                            
                 rejections, we make reference to the second Office action                                                                              
                 (Paper No. 7, mailed January 30, 1997) and the examiner's                                                                              
                 answer (Paper No. 14, mailed February 12, 1998) for the                                                                                

                          3Claims 9 through 15 were presented in a preliminary                                                                          
                 amendment filed on December 5, 1995.  We note that this                                                                                
                 amendment has not been clerically entered and that the format                                                                          
                 thereof (e.g., lack of underlining) is not appropriate (see                                                                            
                 current rule 37 CFR § 1.121(b)).                                                                                                       







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