Appeal No. 2006-0813
Reexamination Control No. 90/006,235
McLaughlin et al. (McLaughlin) 5,014,875 May 14, 1991
Cornett et al. (Cornett) 5,053,758 October 1, 1991
Conner et al. (Conner) 5,175,672 December 29, 1992
Background
The subject matter of the claims is a computerized portable nursing center.
Generally, the nursing center is a medical cart including a variety of features helpful to
nurses in performing their duties administering to patients. The cart includes drawers for
holding patient medications. Access to some of the drawers is controlled by an onboard
computer. The nurse enters an access code and patient information using a data entry
means such as a keyboard or a touch screen. The computer then unlocks and opens the
drawer associated with that particular patient. After the medication is given to the patient,
the drawer is closed and the computer generates a patient record. The nursing center also
includes a transmitter for sending the record to a remote location such as a hospital
computer for retention.
A primary examiner entered eight separate grounds of rejection under 35 U.S.C. §
103(a). Examiner’s Answer pages 3 to 4. Each rejection relies on U.S. Patent 5,014,875
to McLaughlin as the “primary” reference. The rejection of each of Claims 1-16 also relies
on U.S. Patent 5,175,672 to Connor. Additional references were applied to teach features
added by certain dependent claims but not described in either McLaughlin or Connor. The
rejection of each of Claims 17-34 patent also relies on U.S. Patent 4,588,237 to Marder and
U.S. Patent 4,894,581 to Roberts in addition to McLaughlin. Again, additional patents are
relied upon to address dependent claim limitations not disclosed in McLaughlin, Marder or
Roberts.
For reasons which will become clear below, only two limitations in the claims are of
particular significance in this appeal. Claims 1-16 require that the data entry means be
removable from the cart and contain a transmitter. Thus, the invention includes within its
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