Appeal No. 2002-1404 Page 2
Application No. 08/891,918
BACKGROUND
The appellants' invention relates to a medicinal package that improves
compliance with the treatment regimen prescribed for sinusitis (specification, p. 1). A
copy of the claims under appeal is set forth in the appendix to the appellants' brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Cappuccilli 4,039,080 Aug. 2, 1977
Knudsen 4,295,567 Oct. 20, 1981
D'Amico et al. (D'Amico) 5,788,974 Aug. 4, 1998
Jacobus et al. (Jacobus) 5,789,391 Aug. 4, 1998
Russell et al. (Russell) 5,827,852 Oct. 27, 1998
In addition, the examiner took Official Notice of the conventional use of providing
instructional material with medication.
Claims 21, 26, 29 and 34 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Jacobus in view of Russell, D'Amico and Official Notice.
Claims 21, 26, 29 and 34 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Jacobus in view of Russell, Cappuccilli, Knudsen and Official Notice.
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