Appeal No. 2003-2062
Application 09/853,568
descriptions thereof at column 7, lines 31-46, clearly teach a
receptacle of the type set forth in claim 1 on appeal and an
iconic label (22) as defined in both claims 1 and 17 comprising a
descriptive, non-textual icon/marker which graphically describes
or identifies the medicine in the container and that, over time,
will do so without reference to another source, such as the chart
(10) shown in Figure 2 or the chart mentioned in column 7, lines
58-64, of Mayfield. In that regard, we consider that the chart
(10) and the chart described in column 7 of the Mayfield patent
are each merely an educational device, which after a sufficient
period of time will not be needed by the user, because the user
will have by then been educated to immediately recognize and
understand that a particular icon used for the same medication
for an extended period of time identifies or describes that
particular medication, its uses, the ailment or symptoms treated
by the medication, directions for taking the medication, any
cautions or side effects, etc.
Our conclusion in this regard is bolstered by appellant’s
disclosure of what would appear to be the exact same type of
iconic label in the paragraph bridging pages 6-7 of the present
specification, wherein it is indicated that
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