Ex Parte Lien - Page 2




               Appeal No. 2004-0088                                                                      Page 2                  
               Application No. 09/821,663                                                                                        


                                                       BACKGROUND                                                                
                      The appellant's invention relates to a device for providing ready access to a dose                         
               of medication, the device being readily carried by the individual and identifying                                 
               at least the nature of the medication (specification, p. 1).  A copy of the claims under                          
               appeal is set forth in the appendix to the appellant's brief.                                                     


                      Claims 1, 5, 9 and 13 stand rejected under 35 U.S.C. § 103 as being                                        
               unpatentable over Mumford1 in view of Bayliss, IV (Bayliss)2.                                                     


                      Claims 2, 3, 6 to 8 and 10 to 12 stand rejected under 35 U.S.C. § 103 as being                             
               unpatentable over Mumford in view of Bayliss as applied to claim 1, further in view of                            
               Official Notice.                                                                                                  


                      Claims 14 and 15 stand rejected under 35 U.S.C. § 103 as being unpatentable                                
               over Mumford in view of Bayliss and Official Notice as applied to claims 2 and 10,                                
               further in view of Porter et al. (Porter)3.                                                                       




                      1 U.S. Patent No. 4,093,103 issued June 6, 1978.                                                           
                      2 U.S. Patent No. 6,036,017 issued March 14, 2000.                                                         
                      3 U.S. Patent No. 4,733,807 issued March 29, 1988.                                                         







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