Appeal 2007-0796
Application 10/236,088
depending from a rejected claim. Claims 10, 241, 32 and 38, the only other
pending claims, stand withdrawn from consideration. Claim 23 has been
canceled. We have jurisdiction over this appeal under 35 U.S.C. § 6 (2002).
THE INVENTION
Appellant’s claimed invention is directed to caps for containers for
pharmaceutical or nutritional products, such as tablets, capsules and
medicinal syrups (Specification ¶ 1). Appellant discloses an apparatus and
method for providing instructions regarding the use of contents of a
container. In one embodiment (Figs. 1-5), the apparatus includes a ribbon
30 housed inside a container. In another embodiment (Figs. 6-8), a ribbon is
housed in the container cap, top or closure. The ribbon has written
information, such as dosage, thereon pertaining to the contents of the
container. The user can pull the ribbon out to read the information and then
push the ribbon back into the container or cap after reading the instructions.
(Specification ¶ 7.) Independent claims 1, 11, 25 and 33 are illustrative of
the claimed invention and read as follows:
1. An apparatus comprising:
a housing comprising a substantially
cylindrical wall having dimensions suitable for
enclosing an opening of a container as a cap for the
container, the housing defining an aperture; and
1 The Examiner's inclusion of claim 24 in the now withdrawn rejection under
35 U.S.C. § 112, second paragraph appears to have been inadvertent in light
of the Examiner's withdrawal of claim 24. In any event, claim 24 does not
stand rejected. The Examiner may wish to clarify the status of claim 24
upon return of the application to the Technology Center.
2
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