Appeal No. 2000-1682 Page 10
Application No. 08/845,503
the determination of the depth of cutting.
[examiner’s answer at page 6].
Appellant’s specification discloses that a series
of microcutters having blades of different length along with
ink markers are used to measure the thickness of the layers of
skin at a specific delivery site for each patient
(specification at page 8). While Gerstel does disclose that
the Gerstel delivery device is designed to penetrate the
stratum corneum for the administration of a drug without
contacting the nerves for achieving an essentially painless
drug administration, Gerstel does not disclose that the device
is designed for a particular patient and a particular site on
the patient to ensure that the device penetrates the stratum
corneum without contacting the body of nerves.
In view of the foregoing, we will not sustain the
examiner’s rejection of method claim 4 or method claims 5, 10
and 11 dependent therefrom.
We turn next to the examiner’s rejection of claims 1
through 5 and 10 through 11 under 35 U.S.C. § 102(b) as being
anticipated by Ganderton. In support of this rejection, the
examiner states:
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