Appeal No. 2000-1682 Page 8
Application No. 08/845,503
Appellant’s specification also indicates that the precise
length of the microprotrusions needed to disrupt the stratum
corneum may vary from patient to patient because of
differences in the thickness of the stratum corneum between
patients and other surface characteristics of the patient’s
skin and may also vary from delivery site to delivery site on
the same patient (specification at page 7). As there are
these differences in the thickness of the stratum corneum from
patient to patient and from delivery site to delivery site on
the same patient (specification at page 7), it is our view
that for at least some patients the microprotrusions of
Gerstel would be capable of cutting into
the underlying epidermis, which is all that apparatus claim 1
requires.
We note that Gerstel does not seem to disclose blades of
elongated cross section. However, appellant does not argue
this as a difference and thus it will be assumed that this
limitation is met by Gerstel. Cf In re Baxter Travenol Labs,
952 F.2d 388, 391, 21 USPQ2d 1281, 1285 (Fed. Cir. 1991)(“It
is not the function of this court to examine the claims in
greater detail than argued by an appellant, looking for
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