Appeal No. 2006-1319
Application No. 10/307,045
4 of appellant’s specification. Claim 9 is representative of the invention and reproduced
below:
9. An emergency health history kit, comprising:
a plastic case;
at least one medical and emergency information card associated with the
case;
a sponsor’s or distributor’s identifying indicia imprinted on the case, or on
a card disposed within the case so as to be viewable through the case; and
at least on redeemable coupon or printed offer associated with the case;
wherein the medical and emergency information card includes written
prompts and spaces for personally identifying information and personal medical
information, including at least one of personal medical history information,
medical insurance information, and medical care provider information.
References
The references relied upon by the examiner are:
North et al. (North) 5,992,888 Nov. 30, 1999
Gee, Sr. (Gee) 3,958,690 May 25, 1976
Rejection at Issue
Claims 9, 13 and 17 stand rejected under 35 U.S.C. § 103 (a) as being
unpatentable over Gee Sr. in view of North. Throughout the opinion, we make reference
to the briefs, the answer and the final Office action for the respective details thereof.
Opinion
We have carefully considered the subject matter on appeal, the rejection advanced
by the examiner and the evidence of obviousness relied upon by the examiner as support
for the rejection. We have, likewise, reviewed and taken into consideration, in reaching
our decision, appellant’s arguments set forth in the brief along with the examiner’s
rationale in support of the rejection and arguments in rebuttal set forth in the examiner’s
answer.
With full consideration being given to the subject matter on appeal, the
examiner’s rejection and the arguments of appellant and the examiner, and for the
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