Ex Parte SHOEMAKER - Page 2




          Appeal No. 2003-2062                                                        
          Application 09/853,568                                                      


               As noted on page 1 of appellant’s specification, the present           
          invention relates to                                                        
               a marking system and apparatus for containers using icons to           
               identify and represent the desired use for the contents.               
               More specifically, the present invention relates to a                  
               graphical marking apparatus and method for medicine                    
               receptacles whereby iconic decals are applied to the                   
               medicine receptacles to assist in identifying the contents             
               or whereby graphical representations are created on or in              
               the perimeter of or covering to the receptacle.                        


               Independent claims 1, 7, 11, 17 and 19 are representative of           
          the subject matter on appeal, and a copy of those claims can be             
          found in the Appendix to appellant’s brief.                                 


               The sole prior art reference of record relied upon by the              
          examiner in rejecting the appealed claims is:                               
          Mayfield                 5,261,702           Nov. 16, 1993                  


               Claims 1, 2 and 17 through 19 stand rejected under 35 U.S.C.           
          § 102(b) as being anticipated by Mayfield.                                  


               Claims 4 through 11, 13 through 16, 20 and 21 stand rejected           
          under 35 U.S.C. § 103(a) as being unpatentable over Mayfield.               



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