Appeal 2006-1679
Application 09/853,568
picture of a knee with an arrow pointing to the knee lets the patient
know the medication is for the pain in their knee.
We find nothing in this quoted passage that indicates that only graphical
icons are used on the label for marking the prescription medicine container.
This passage states little more than the graphical icons are placed on the
outside of the medicine containers.
The second passage Appellant relies on states:
[T]he icon would comprise a picture of an elbow with an arrow
pointing to the elbow. Again, looking down at the pictures will
greatly help those patients to know what it is for, without having to
remember long, technical names.
Once again, this passage does not inform us that only non-textual graphic
matter is on the label. This passage clearly refers to the icon alone and not
to the remainder of the label. Furthermore, the passage mentions the icon
using the word “comprise” which in patent nomenclature generally refers to
an open-ended description of the subject matter. Since this passage is
referring only to the icon, it can not provide evidence that an icon is the only
subject matter on the label.
The third quotation Appellant points to as descriptive support for the
subject matter of claim 22 states the following:
The deficiencies of the prior art may be overcome through the use of a
medicine receptacle labeling system and method that includes the
placement of an iconic label upon the rear receptacle exterior. Such
an iconic label would graphically assist the patient in taking the
proper medication by including a descriptive icon to graphically
depict either the symptoms and/or desired result for which the
medicine contained therein is to be taken.
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