Appeal 2006-1679
Application 09/853,568
The claimed invention is directed to a label for marking prescription
medicine containers. The labels have a picture or non-textual descriptive
graphic that conveys information to the user of the prescription medicine.
Claim 22, reproduced below, is further illustrative of the claimed
subject matter:
22. A label for marking a prescription medicine container,
comprising:
a first side having an adhering surface capable of adhering to
said prescription medicine container; and
a second side having only a non-textual, descriptive graphic
that conveys the type of prescription medicine within said prescription
medical container.
The references of record relied upon by the Examiner as evidence of
obviousness are:
Griffiths US 5,435,600 Jul. 25, 1995
Walgreens, website printout from http://walgreens.com/store/product,
sku=396234, AcidFree (last visited October 2, 2000).
Claims 22-26 stand rejected under 35 U.S.C. § 112, first paragraph, as
based on a disclosure lacking written description support.
Claims 19-26 stand rejected under 35 U.S.C. § 103 as unpatentable
over Griffiths in view of Walgreens.
With respect to the rejection under § 112, Appellant groups claims 22-
26 together. Therefore, claims 23-26 will stand or fall with claim 22. With
respect to the § 103 rejection, Appellant intends that claims 19-26 stand or
fall separately.
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