Appeal No. 2001-0140
Application No. 09/356,916
the same pills in the same dosage and concentration. While the
examiner argues that it is entirely natural and obvious to assume
that one pill equals one active agent dosage and 2 pills equals
two active agent doses, the examiner points to no disclosure for
this assumption. In our view, it could be assumed that the two
pills are of different active agents. We note that Braverman
teaches that the medical dispensing device therein disclosed is
useful for a nurse to dispense a combination of pills (col. 1,
lines 11 to 14).
In addition, even if we assume that the two pills in the
container are the same ingredient at the same dosage, such would
not suggest a binary sequence, as is argued by appellant, because
the numbers 1 and 2 are part of many sequences other than binary.
As such, one would have to know what is contained in additional
chambers to establish a binary sequence.
While the examiner is correct that Peery teaches a dispensing
system comprising a multiple dispenser array which contains
dispensing reservoirs of differing volumes, Peery, like Braverman,
discloses nothing about a dispensing system comprising a binary
array.
In view of the foregoing, we will not sustain this rejection
of the examiner.
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