Appeal No. 2007-0671 Page 7
Application No. 10/836,174
activates the LCD screen [2] to display the correct number of doses
[15] in the medication canister [7]. The presetting switches [28],
[29], [30] on the PCB board [3] permit the electric counting circuitry
to be assembled with canisters of different capacity; thereby
forming factory preset disposable dispenser of different capacities.
Neither claim 5, nor claim 6 require that any processing step be taken or that any
particular component be produced in a particular manner (e.g., molded or die-
casted). To the contrary, claims 5 and 6 and their dependent claims simply
further define the structure of the dispenser and how the components are to be
used. Accordingly, we agree with appellant that the limitations of claims 5-12 are
not product-by-process limitations and they cannot be ignored. Brief, page 8-9.
Anticipation:
Claims 1, 2, 6, 10, 11, and 13-16 stand rejected under 35 U.S.C. § 102(b)
as anticipated by Wolf. To assist in our discussion of Wolf we have reproduced
Wolf’s figures 13, 14 and 17a below:
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