Appeal No. 2003-2062
Application 09/853,568
The examiner's rejection of claims 1, 2 and 17 through 19
under 35 U.S.C. § 102(b) as being anticipated by Mayfield, has
been sustained as to claims 1, 2, 17 and 18, but not with regard
to claim 19;
The examiner's rejection of claims 4 through 11, 13 through
16, 20 and 21 under 35 U.S.C. § 103(a) as being unpatentable over
Mayfield, has been sustained with respect to claims 4 through 11
and 13 through 16, but not with respect to claims 20 and 21.
As should be apparent from the foregoing, the decision of
the examiner is affirmed-in-part.
In addition to the above determinations, we REMAND this
application to the examiner for further search. In particular,
we note the attached information regarding a number of SUDAFED
products, obtained from the Internet, wherein each of the
products show a label on a medicine receptacle having a picture
which alone broadly identifies the medicine in the medicine
receptacle and wherein the picture depicts why the medicine is
being used and depicts a body part for which the medicine is
being used. The examiner should ascertain an appropriate date
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