The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte JOSEPH J. KIRCHER, RONALD W. CZARNY, ROBERT E. LEWIS,
DIAN M. NITZKI-GEORGE and JOE A. MILLER
____________
Appeal No. 2004-2032
Application No. 09/729,498
____________
ON BRIEF
____________
Before GARRIS, WARREN, and PAWLIKOWSKI, Administrative Patent
Judges.
GARRIS, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on an appeal from the Examiner’s rejection
of claims 1-31 which are all of the claims pending in the above
identified application. On page 2 of the answer, the Examiner has
stated that the rejection of claims 6-8, 12, 13, 19-21, 23, 28 and
29 has been dropped. As a consequence, the only claims remaining
before us on this appeal are claims 1-5, 9-11, 14-18, 22, 24-27,
30 and 31.
The subject matter on appeal relates to an apparatus and to a
method for controlling the operation of a pharmaceutical compounder
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