Ex Parte Farris - Page 5




              Appeal No. 2004-1945                                                               Page 5                
              Application No. 09/524,213                                                                               


              Appellant's argument                                                                                     
                     Appellant argues (brief, pp. 11-13) that the following limitations (in bold) of                   
              independent claims 24, 31 and 48 are not disclosed by Farris and accordingly claims                      
              24, 31 and 48 are not anticipated by Farris.                                                             
                     24.    A needleless dosage transfer system, for removing a sterile                                
                     pharmaceutical grade nonliquid from a sealed ampule to a needleless syringe or                    
                     needleless cannula, comprising in combination,                                                    
                            an ampule defined by an end and collapsible side walls extending from                      
                     said end thereby defining a blind bore and an open end,                                           
                            said side walls formed from resilient, collapsible material,                               
                            a coupler at said open end of said vial, and a removable cap occluding                     
                     said open end,                                                                                    
                            said coupler configured and provided with means to connect to an opening                   
                     of the syringe or cannula in fluid communication therewith, whereby the                           
                     nonliquid can be transferred from the ampule without an interconnecting needle                    
                     after removing said cap, liquifying the nonliquid and coupling said opening to                    
                     the needleless syringe or cannula.                                                                
                     31.    An ampule for storing a nonliquid pharmaceutical product in a manner to                    
                     inhibit lability of the product and permitting the transfer of the product in an                  
                     aseptic manner to avoid nosocomial infection from ambient air comprising:                         
                            resilient walls that can be collapsed and creating an orifice to pass a                    
                     pharmaceutical grade nonliquid fluid or solid therethrough;                                       
                            an opening on said ampule whereby the opening is circumscribed by a                        
                     coupler which is to be complementally fastened to receive a dose administering                    
                     device.                                                                                           
                     48.    A needless dosage transfer system, comprising, in combination:                             
                            an ampoule having a lyophilized pharmaceutical aseptically located                         
                     therewith; the pharmaceutical characterized as being nonliquid;                                   
                            an integrally formed cap closing said ampoule, said cap located at a score                 
                     line on said ampoule to facilitate removal, said score line on said ampoule, once                 
                     exposed by removal of said cap, dimensioned to receive a luer coupling thereat,                   
                     and                                                                                               
                            walls of said ampoule formed of deformable flexible non-porous material.                   







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