Appeal No. 2004-0737
Application No. 10/141,443
pharmaceutical bottle having a cotton insert5 compressing the
leaflet. As acknowledged by the patentee (column 3, lines 37
through 44), the leaflet maintains the cotton under compression
thereby preventing movement of pills contained within the bottle
and protecting the pills from damage during shipping and other
handling operations.
The difficulty we have with the examiner’s rejection
rationale is that we do not discern from the particular teachings
of each applied reference that one having ordinary skill in the
art would have been motivated to alter a placement apparatus 16
for a cushioning product, such as a pad, in the cushioning
producing and filling system of Harding (Fig. 8) based upon an
informational leaflet insertion system (the Duryee patent).
Thus, based upon the prior art before us, the obviousness
rejection of appellants’ claim 1, and claims dependent therefrom,
cannot be sustained.
5 As indicated by the patentee (column 2, lines 29 through
33), the cotton 30 is already in place in the bottle prior to
placement of a leaflet, the cotton being placed there in
accordance with known systems, such as shown in U.S. Patent
No. 2,895,269. In the latter patent, cotton batting C is
positioned on batting supports 98 having an opening therebetween
(Fig. 1) and above an opening in tube 38 (Fig. 3); the batting is
subsequently inserted into the tube (Fig. 7) and then inserted
into a container (Figs. 8 and 9).
6
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