Ex Parte Kircher et al - Page 3



                    Appeal No. 2004-2032                                                                                                                                  
                    Application No. 09/729,498                                                                                                                            



                              24. A method of controlling the operation of at least one                                                                                   
                    pharmaceutical compounder adapted to selectively transfer                                                                                             
                    prescribed amounts of pharmaceutical components from individual                                                                                       
                    source containers through elongated hollow transfer means to a                                                                                        
                    final container in order to prepare a prescription admixture, the                                                                                     
                    method utilizing a computing means having memory means for storing                                                                                    
                    instructions for operating the apparatus and for controlling the                                                                                      
                    compounders to prepare a prescribed admixture, with the memory                                                                                        
                    means including data relating to a plurality of the pharmaceutical                                                                                    
                    components that may be transferred to prepare the prescription                                                                                        
                    admixture, and data concerning the operating characteristics of at                                                                                    
                    least one of the compounders that the apparatus is adapted to                                                                                         
                    control, the computing means including at least one communication                                                                                     
                    port for establishing a communication link with each compounder                                                                                       
                    that is to be controlled, the method comprising the steps of:                                                                                         
                              receiving a prescription admixture in the computing means;                                                                                  
                              identifying and determining the amounts of the pharmaceutical                                                                               
                    components of the prescription admixture;                                                                                                             
                              determining the compatibility of the pharmaceutical components                                                                              
                    relative to one another;                                                                                                                              
                              determining the order in which the components are transferred                                                                               
                    during the preparation of the prescription admixture; and,                                                                                            
                              communicating the instructions for preparing the prescription                                                                               
                    admixture to the at least one compounder that is to be used in                                                                                        
                    preparing the prescription admixture.                                                                                                                 
                              The references relied upon by the Examiner as evidence of                                                                                   
                    obviousness are:                                                                                                                                      
                    Lewis et al. (Lewis)                                     5,228,485                               Jul. 20,1993                                         
                    Baxter “Multitask Operating System for Automix® Compounders Version                                                                                   
                    2.30" Operator’s Manual, May 1999                                                                                                                     
                              Claims 1-4, 10 and 24-27 are rejected under 35 U.S.C. § 102(b)                                                                              
                    as being anticipated by Lewis.                                                                                                                        
                              Claims 5, 9, 11, 14-18, 22, 30 and 31 are rejected under                                                                                    

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