Ex Parte SHOEMAKER - Page 7




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


          patient, or the symptoms which the consumption of the medicine by           
          a patient is expected to alleviate.  Independent claim 7 sets               
          forth a method for marking a medicine receptacle by affixing a              
          label about the exterior of the receptacle, wherein the label               
          contains a descriptive, non-textual iconic representation that              
          describes the medicine.  Claims 8 and 9, which depend from claim            
          7, are like claims 5 and 6 discussed above.  Dependent claim 10             
          adds the requirement that the receptacle of claim 7 must have a             
          cover and the step of affixing the label to the cover.                      
          Independent claim 11 defines an icon for marking a medicine                 
          receptacle wherein the icon comprises a label with an adhering              
          surface on one side and an external printable media on the other,           
          and a descriptive graphic conveying to a patient the type of                
          medicine within the receptacle.  Claims 13 through 16, which                
          depend from claim 11, are like claims 4 through 6 described                 
          above.                                                                      
                                                                                     
               While the examiner has urged that the subject matter of                
          these claims would have been obvious to one of ordinary skill in            
          the art because it would have been obvious to provide any type of           
          graphic representation on the receptacle cover, since it would              
          only depend on the intended use of the assembly and the desired             
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