Ex Parte Kozic et al - Page 5




                 Appeal No. 2006-1272                                                                                                                        
                 Application No. 10/104,615                                                                                                                  

                     • GROUP IV, claims 31-42.                                                                                                               
                                                      GROUP I, claims 1 and 3-11                                                                             
                         We now consider the examiner’s rejection of claims 1 and 3-11 that stand rejected                                                   
                 under 35 U.S.C. § 103(a) as being unpatentable over the teachings of Echerer in view of Liff.                                               
                 Since Appellants’ arguments with respect to this rejection have treated these claims as a                                                   
                 single group which stand or fall together, we will consider independent claim 1 as the                                                      
                 representative claim for this rejection.                                                                                                    
                         The examiner relies upon Echerer as teaching all the elements of the claimed                                                        
                 invention except “a verification video-conferencing station for the pharmacist and the                                                      
                 technician (central site and remote site) to verify prescription information for a technician at                                            
                 one of the plurality of remote sites”  [answer, page 3].  The examiner relies upon Liff as                                                  
                 teaching the verification video-conferencing station and the verification of prescription                                                   
                 information, as claimed [answer, page 4].                                                                                                   
                         The examiner asserts the following motivation for modifying Echerer with the                                                        
                 teachings of Liff: [answer, pages 4-5]                                                                                                      
                         Thus, it would have been obvious to one of ordinary skill in the art at the time                                                    
                         the invention was made to modify Echerer to comprise a verification video-                                                          
                         conferencing station (at the central site and remote site) for the pharmacist to                                                    
                         verify prescription information for a remote technician at one of the plurality                                                     
                         of remote sites in addition to a video-conferencing station for communicating                                                       
                         with a patient when Echerer's system is to be implemented in states that                                                            
                         require the pharmacist to perform services such as verifying the prescription,                                                      
                         drug utilization overview, verify correct labeling, provide counseling to the                                                       
                         patient by law. Furthermore, this would provide a direct communication                                                              
                         between the pharmacist and the technician without being interrupted by                                                              
                         patients and the patients would use a separate patient consultation video-                                                          

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