Ex Parte Bertl et al - Page 3

                Appeal 2007-2072                                                                                                           
                Application 10/220,606                                                                                                     

           1    1) a closed receptacle in a first chamber, and 2) a selectively openable passage area                                      
           2    between the first chamber and a pouch.                                                                                     
           3                            Rejections over Discko in view of Sirago and                                                       
           4                              over Discko in view of Sirago and Franck                                                         
           5                                                                                                                               
           6            Discko discloses “a single patient dose package for storing, dispensing, and                                       
           7    applying a material or medicament that requires an applicator such as a brush,                                             
           8    swab, spatula or the like” (Discko, col. 2, ll. 10-13).  In the most relevant                                              
           9    embodiment the package has in a tray (210, which corresponds to one of the                                                 
         10     Appellants’ foils) and is covered by a cover (226, which corresponds to the other                                          
         11     of the Appellants’ foils) having a medicament well (212, which corresponds to the                                          
         12     Appellants’ first chamber) and an applicator well (214, which corresponds to the                                           
         13     Appellants’ pouch), between which is an adhesive free section (229) (Discko,                                               
         14     col. 5, ll. 46-59).  “This adhesive free section forms a channel between the                                               
         15     medicament well 212 and the applicator well 214” (Discko, col. 5, ll. 59-61).                                              
         16     Squeezing the medicament well forces medicament to pass through the adhesive                                               
         17     free section into the applicator well and onto an applicator cotton swab in the                                            
         18     applicator well (Discko, col. 5, l. 62 – col. 6, l. 3; figs. 11, 12).                                                      
         19             Sirago discloses a color comparison kit for detecting substances such as                                           
         20     illegal drugs in blood and urine (Sirago, col. 1, ll. 3-14).  The kit comprises a                                          
         21     sealed, flexible, disposable package having recesses (20-25) containing ampules of                                         
         22     liquid chemicals (13, 14, 15) (Sirago, col. 2, ll. 19-27; col. 3, ll. 25-28).  The                                         
         23     ampules customarily are made of thin glass and have a central portion (19) with a                                          
         24     weaken wall that can be easily broken to release the liquid chemical (Sirago, col. 2,                                      
         25     ll. 7-17).  The released liquids flow through arcuate enlargements (37, 38, 39) and                                        
         26     canals (31, 32, 33) to a mixing pocket (30) containing the substance to be analyzed                                        


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