Ex Parte Kozic et al - Page 10




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

                         pharmacists, then the technician at the host computer 564 issues a request to                                                       
                         an available pharmacist operating the pen computer 568, laptop computer 566,                                                        
                         or workstation 555 within the building in the first city 550, or may request the                                                    
                         services of a pharmacist operating an RPH workstation 559 in the third city                                                         
                         552 or a pharmacist at the laptop computer 561 in the second city 551.                                                              
                         Relevant data is exchanged and video teleconferencing is enabled between the                                                        
                         technician and the pharmacist or prescribing physician if appropriate. Hand                                                         
                         written scripts may be transferred to and from the first city 550 via facsimile                                                     
                         557. The facsimile image may be downloaded into the host computer 564 and                                                           
                         stored with relevant patient data.                                                                                                  
                         In addition to the Liff disclosure of two-way video conferencing, the Echerer                                                       
                 reference teaches two-way video conferencing between a medical practitioner and a patient                                                   
                 at a remote location [Echerer, e.g., see col. 1, lines 35-59].  We note that the rejections set                                             
                 forth by the examiner are based upon the combination of Echerer as modified by the                                                          
                 teachings of Liff.  The examiner relies upon Echerer as teaching the use of a plurality of                                                  
                 video-conferencing stations for visual and audio communication between a central site and a                                                 
                 remote site [answer, pages 3 and 11].  The examiner relies upon Liff for the feature of a                                                   
                 single pharmacist who provides verification of prescription information at a video-                                                         
                 conferencing station without being physically located at the dispensing site [see answer, page                                              
                 13, 2nd paragraph].  We find that the claimed “prescription information” clearly reads upon                                                 
                 the “relevant data,” and “handwritten scripts,” that are transferred by “facsimile image,”                                                  
                 between the technician and the pharmacist, as explicitly disclosed by Liff  [Liff, col. 19, line                                            
                 28, and col. 19, lines 34-49].                                                                                                              


                 IV.  Appellants argue that one of ordinary skill in the art at the time of the invention                                                    


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