Ex Parte Jasperson et al - Page 2



           Appeal No. 2006-3056                                                  2                              
           Application No. 10/278,769                                                                           

           dosage amounts and intervals from a wide range of possible doses                                     
           and intervals, and verify that a desired change has been made.                                       
           Independent claim 1 is representative of the subject matter on                                       
           appeal and reads as follows:                                                                         
                1. A drug infusion system capable of delivering a fluid                                         
           medication to a patient under direction of a medical professional,                                   
           comprising:                                                                                          
                a drug delivery module capable of delivering said fluid                                         
           medication to said patient continually at a basal rate and capable                                   
           of delivering said fluid medication at an interval rate in each of                                   
           a plurality of time slots over a specified period of time, said                                      
           interval rate being different from said basal rate;                                                  
                controller, programmable by said medical professional,                                          
           operatively coupled to said drug delivery module to control said                                     
           basal rate and said interval rate at which said fluid medication is                                  
           delivered to said patient; and                                                                       
                wherein said controller, upon being programmed by said medical                                  
           professional to deliver an interval rate for at least one of said                                    
           plurality of time slots, determines a total dose of said fluid                                       
           medication to be delivered to said patient over said period of time                                  
           based on said basal rate and said interval rate for each of said                                     
           plurality of time slots, compares said total dose against a maximum                                  
           dose and adjusts said basal rate, if necessary, so that said total                                   
           dose does not exceed said maximum dose.                                                              
           The sole prior art reference of record relied upon by the                                            
           examiner in rejecting the appealed claims is:                                                        













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