Appeal No. 2007-0671 Page 2
Application No. 10/836,174
2. A disposable medication dispenser as set forth in claim 1 wherein said
disposable medication dispenser is an inhaler and wherein said
housing permanently attached to said canister defines a mouthpiece
through which said medication is dispensed, and wherein said
electronic circuit includes a numerical display positioned on the exterior
of said housing above said mouthpiece for direct viewing by a user of
said dispenser when said mouthpiece is brought to the user’s mouth.
5. A disposable medication dispenser as set forth in claim 1 wherein said
electronic circuit includes one or more count presetting switches for
presetting a count in said electronic circuit at the time said housing and
said canister are combined during initial assembly.
The references relied upon by the examiner are:
Mishelevich et al. (Mishelevich) 5,363,842 Nov. 15, 1994
Wolf 5,809,997 Sep. 22, 1998
Merriam-Webster’s Collegiate Dictionary (Dictionary), p. 865 (10th ed., Merriam-
Webster, Inc. 1998)1
GROUNDS OF REJECTION
Claims 1, 2, 6, 10, 11, and 13-16 stand rejected under 35 U.S.C. § 102(b)
as anticipated by Wolf.
Claims 2-4, 7-9, and 12 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of Wolf and Mishelevich.
We reverse the rejection under 35 U.S.C. § 102(b). We vacate the
rejection under 35 U.S.C. § 103 and remand the application to the examiner for
further consideration.
1 We were unable to locate this reference in the electronic file. Nevertheless, we were able to
locate a copy of the reference outside of the record. Accordingly, we have attached a copy of the
reference to this opinion.
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