Appeal No. 2000-0652 Page 10
Application No. 08/868,774
26 is not suggested by the combined teachings of Balkwill and
Ben Moura.
The examiner's rejection (answer, pp. 5-6) of claim 26 is
based on the premise that Ben Moura suggests providing
Balkwill's pen with a gripping layer as claimed. We find this
position of the examiner to be untenable for the reasons set
forth above with respect to independent claim 1. That is, Ben
Moura does not suggest a gripping layer be formed from a
material that is softer than a material used to form the
portion of the base covered by the gripping layer.
Accordingly, the decision of the examiner to reject claim 26
under 35 U.S.C. § 103 is reversed.
The obviousness rejection of claim 25
We sustain the rejection of claim 25 under 35 U.S.C. §
103.
Claim 25 reads as follows:
A medication delivery apparatus comprising:
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