Appeal No. 2006-0798
Application No. 09/828,545
BACKGROUND
The appellant's invention relates to a cartridge for a medicament. An
understanding of the invention can be derived from a reading of exemplary claim 3,
which is reproduced below.
3. An elongated tubular cartridge for containing a medicament, said
cartridge including anterior and posterior ends and a plunger positioned
within said cartridge; wherein said plunger is movable in said cartridge to
dispense said medicament through said anterior end; wherein said
cartridge further comprises an interior wall with tab means projecting into
said cartridge from said interior wall; wherein said tab means is spaced a
predetermined distance from said posterior end; and wherein said plunger
is located between said tab means and said anterior end.
The prior art reference of record relied upon by the examiner in rejecting the appealed
claims is:
Mikkelsen 5,984,900 Nov. 16, 1999
Claims 3 and 4 stand rejected under 35 U.S.C. § 102(e) as being unpatentable over
Mikkelsen.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
appellant/appellants regarding the above-noted rejection, we make reference to the
examiner's answer (mailed December 16, 2003) for the reasoning in support of the
rejection, and to appellant's brief (filed January 29, 2003) for the arguments
thereagainst.
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