throbber
TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 1 of 10
`
`To:
`
`Subject:
`
`Rogue Valley Natural Springs, Inc. (nancy@chernofflaw.com)
`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Sent:
`
`5/26/2007 7:58:05 PM
`
`Sent As:
`
`ECOM1 l4@USPTO.GOV
`
`Attachments: Attachment - 1
`
`Attachment - 2
`
`Attachment - 3
`
`Attachment - 4
`
`Attachment - 5
`
`Attachment - 6
`
`Attachment - 7
`
`Attachment - 8
`
`Attachment - 9
`
`Attachment - 10
`
`Attachment - 11
`
`Attachment - 12
`
`Attachment - 13
`
`Attachment - 14
`
`Attachment - 15
`
`Attachment - 16
`
`|!mp0rtant Email Information]
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`SERIAL NO:
`
`78/696803
`
`,
`
`APPLICANT:
`
`Rogue Valley Natural Springs, Inc.
`
`CORRESPONDENT ADDRESS:
`NANCY J. MORIARTY
`
`CHERNOFF VILHAUER MCCLUNG & STENZEL, LLP
`601 SW 2ND AVE STE 1600
`
`PORTLAND, OR 97204-3157
`
`MARK:
`
`EYEIVIIST
`
`CORRESPONDENT’S REFERENCE/DOCKET N0: 8173.0023
`
`CORRESPONDENT EMAIL ADDRESS:
`‘
`nanc
`chernofflaw.com
`
`RETURN ADDRESS:
`Commissioner for Trademarks
`
`PO BOX 1451
`Alexandria, VA 22313-1451
`
`Ifno fees are enclosed. the address should
`include the words "Boo: Responses -No Fee."
`
`Please provide in all correspondence:
`
`1. Filing date, serial number, mark and
`app licant's name.
`2. Dale of this Office Action.
`3. Examining Anomcy's name and
`Law Oflice number.
`4. Your telephone number and e-mail
`address.
`
`file://\\ticrs-ais-01\ticrsexport\HtmlToTifflnput\REC000 12007_05_30_15_42_1 l_TTABO . ..
`
`5/3 0/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8l73.0023
`
`Page 2 of 10
`
`Serial Number 78/696803
`
`The trademark examining attorney has carefully reviewed the request for reconsideration and is not
`persuaded by applicant’s arguments. No new issue has been raised and no new compelling evidence has
`been presented with regard to the point(s) at issue in the final action. TMEP §71S.03(a). Therefore, the
`request for reconsideration is denied and the final refusal(s) under Section 2(e)(l) is continued. 37
`C.F.R. §2.64(b); TMEP §715.o4.
`
`While the applicant argues that most of the evidence references the applicant’s goods, the evidence is
`precisely relevant because the determination of whether a mark is merely descriptive is considered in
`relation to the identified goods, not in the abstract. See In re Abcor Dev. Corp., 588 F.2d 811, 814, 200
`USPQ 215, 218 (CCPA 1978); see, e.g., In re Polo Int'l Inc., 51 USPQ2d 1061 (TTAB 1999) (DOC in
`DOC-CONTROL would be understood to refer to the “documents” managed by applicant's sofiware,
`not “doctor” as shown in dictionary definition); In re Digital Research Inc., 4 USPQ2d 1242 (TTAB
`1987) (CONCURRENT PC-DOS found merely descriptive of “computer programs recorded on disk”
`where relevant trade uses the denomination “concurrent” as a descriptor of this particular type of
`operating system); see TMEP §l209.0l(b).
`
`information generically uses the word MIST to identify its goods.
`The applicant’s own product
`According to the applicant, “[f]or maximum benefit,
`the eye mist must be correctly applied.”
`http://www.naturestea1s.corn/articles/article Q13; Eyephp.
`See
`attached.
`Emphasis
`added. The
`directions for using the products remind the user that “. .. only a minuscule amount of mist must enter
`your eyes for Nature’s Tears EyeMist to be effective.”
`httpI//WWW.bi0l0giCagua.Com/store/index.2hp?main page=index&cPa1h=1.
`added.
`Further on-line product information informs us that:
`
`See attached. Emphasis
`
`The water's purity and mild mineral content make it ideal as a tissue-cu1tu.re medium in
`biologic laboratory experiments and as a moisturizing mist for eyes.
`
`I NATURE'S TEARS® is an all-natural moisturizing mist for the eyes developed with
`the consulting assistance of Dr. William Mathers,
`from Oregon "S‘i§ieri"ces:{';
`University's Casey Eye Institute. Dr. Mathers' study of NATURE'S TEARS® (2000) and“
`dry eye patients showed, on average, that the mist doubled the moisture volume of the
`eyes‘ tear film without disrupting the tear film's delicate structure. Contact lens wearers
`were the most enthusiastic. The mist creates a micro-environment of pure, all-natural,
`unpolluted, pH correct humidity around the face.
`
`See
`http://www.medcompa.re.com/details/3 1914/Nature's-TearsAndreg-EyeMistAndtrade.html.
`attached. Emphasis added.
`Instead of eye drops, the goods are eye mists. The fact that the product is a
`mist rather than eye drops or the like is immediately conveyed by the mark, because the mark EYEMIST
`conveys with no uncertainty that the goods are mists for eyes. No thought or imagination is required to
`determine the nature of the goods. The applicant’s website discusses the advantages of using eye mists
`over eye drops:
`
`Benefits of ocular misting.
`
`o Instantly soothes dry imitated eyes.
`o Convenient and easy to apply (even if your hand is unsteady).
`
`file ://\\ticrs-ais-0 1\ticrsexp ort\Htrn1ToTifflnput\REC000 l2007_0 5_3 0_1 5_42_l l_TTABO . ..
`
`5/3 0/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 3 of 10
`
`o No touching of eyelids, tilting back of head or aiming of dropper.
`o Misting supplies only what eyes need
`o Does not flood ocular tear film or interfere with tear film structure.
`
`o Moisturizes contact lenses without removing lenses.
`0 Soothes computer eye strain (also called "Computer Vision Syndrome" or CVS).
`o No additives, chemicals, preservatives or propellants.
`0 Will not smudge eye make-up.
`0 May also be used as an emergency eye wash.
`Correct application.
`
`0 The most common error is attempting to apply the mist as though it was an eye drop, by
`aiming it directly intothe eyes. This can flood the eyes and negate some of tlie benefit.
`http://www.naturestears.com/articles/article E Eyephp. See attached. Emphasis added.
`
`The applicant’s website describes the misting technology as “cutting-edge.” Even if the applicant is the
`first to invent eye mists as an advancement of traditional eye drops and to call such goods EYEMIST,
`the fact that an applicant may be the first and sole user of a merely descriptive or generic designation
`does not justify registration where the evidence shows that the term is merely descriptive of the
`identified goods and/or services.
`In re Acuson, 225 USPQ 790 (TTAB 1985)
`(COMPUTED
`SONOGRAPHY descriptive of ultrasonic imaging instruments); In re National Shooting Sports
`Foundation, Inc., 219 USPQ 1018 (TTAB 1983) (SHOOTING, HUNTING, OUTDOOR TRADE
`SHOW AND CONFERENCE held apt descriptive name for conducting and arranging trade shows in
`the hunting, shooting and outdoor sports products field); TMEP §1209.03(c).
`
`While applicant argues there is no competitive need for others to call their goods EYEMIST, the
`attached LEXIS articles and on-line articles demonstrate that others do use mists as the means for
`
`administering eye care preparations. Several LEXIS articles even use “eye mist” generically. Thus,
`there is a competitive need for those making eye solutions in mist form, rather than as gels, creams,
`lotions or drops, to call their goods mists and use the word mist. The word EYE merely indicates the
`type or usage of the goods and also must be used by competitors. The combination does not create a
`novel meaning overcoming any descriptive significance.
`
`The Class 3 goods may merely be used for the skin around the users’ eyes, another area that would
`benefit from misting rather than gel or cream application as discussed in Attachements #14-16.
`
`The amount and character of evidence needed to establish acquired distinctiveness depends on the facts
`of each case and particularly on the nature of the mark sought to be registered. See Roux Laboratories,
`Inc. v. Clairol Inc., 427 F.2d 823, 166 USPQ 34 (C.C.P.A. 1970); In re Hehr M12. Co., 279 F.2d 526,
`126 USPQ 381 (C.C.P.A. 1960); In re Gammon Reel, Inc., 227 USPQ 729 (TTAB 1985). More
`evidence is needed where a mark is so highly descriptive that purchasers seeing the matter in relation to
`the named goods and/or services would be less likely to believe that it indicates source in any one party.
`See, eg, In re Bongrain International Corp., 894 F.2d 1316, 13 USPQ2d 1727 (Fed. Cir. 1990); In re
`Seaman & Associates, Inc., 1 USPQ2d 1657 (TTAB 1986); In re Packaging Specialists, Inc., 221 USPQ
`917 (TTAB 1984). However, no amount of purported proof that a generic term has acquired secondary
`meaning can transform that term into a registrable trademark. Such a designation cannot become a
`trademark under any circumstances. See Miller Brewing Co. v. G. Heileman Brewing Co., 561 F.2d 75,
`195 USPQ 281 (7th Cir. 1977), cert. denied, 434 U.S. 1025, 196 USPQ 592 (1978).
`In this case, in View
`of the nature of the mark, the evidence of record is insufficient to establish that the mark EYEMIST has
`acquired distinctiveness for its goods which are in essence eye mists instead of eye drops or eye gels.
`
`The filing of a request for reconsideration does not extend the time for filing a proper response to the
`
`file://\\ticrs-ais-01\ticrsexport\Htm1TOTifflnput\REC000 l2007_05_30_l 5_42_1 1_'ITABO . ..
`
`5/3 0/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 4 of 10
`
`final action, which runs from the date the final action was mailed. 37 C.F.R. §2.64(b); TMEP §§715.03
`and 715.03(c).
`
`/Maiy Boagni/
`Examining Attorney
`Law Office 114
`571-272-9130
`Law Office 114 fax: 571-273-9114
`
`Print Request:
`
`Selected Document(s): 2—3,7
`
`Time of Request: Sunday, May 27, 2007
`
`00:05:02
`
`l0083K
`
`Number of Lines: 132
`Print Number:
`2822:29657699
`
`Client ID/Project Name:
`
`Research Information:
`
`LEXPAT;ALL
`EYE MIST
`
`Note:
`
`file://\\ticrs-ais-01\ticrsexport\HtmlToTiffInput\RECO0012007_05_30_15_42_1l_TTABO...
`
`5/30/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 5 of 10
`
`Send to:
`
`BOAGNI, MARY
`TRADEMARK LAW LIBRARY
`600 DULANY ST
`ALEXANDRIA, VA 22314-5790
`
`2 of 17 DOCUMENTS
`
`UNITED STATES PATENT AND TRADEMARK OFFICE PRE-GRANT
`PUBLICATION
`
`20070020336
`
`(Note: This is a Patent Application only.)
`
`Link to Claims Section
`
`January 25, 2007
`
`Cyclodextrin nanotechnology for ophthalmic drug delivery
`
`INVENTOR: Loftsson, Thorsteinn — Reykjavik, Iceland (IS), Stefansson, Einar —
`Reykjavik, Iceland (IS)
`
`APPL-NO: 489466
`
`(11)
`
`FILED-DATE: July 20, 2006
`
`ENGLISH-ABST:
`
`The invention provides an ophthalmic composition which is an aqueous
`suspension comprising drug, cyclodextrin and water,
`the composition having an
`aqueous phase of from about 0.1%
`(w/v)
`to about 90% (w/v) of the drug in
`solution, as dissolved free drug and as dissolved drug/cyclodextrin complex(es),
`and a solid phase of from about 10% (w/v)
`to about 99.9% (w/v) of the drug as
`solid drug/cyclodextrin particles, suspended in the aqueous phase;
`the size of
`the solid particles being from about 10 nm to about 1 mm,
`the drug/cyclodextrin
`particles being capable of dissolving in aqueous tear fluid within 24 hours of
`application to the eye surface. The aqueous eye suspension can be in the form of
`eye drops, eye gel or eye mist. Further,
`the invention provides a method for
`treating a condition of the posterior segment and/or anterior segment of the eye
`comprising applying to the eye surface,
`in an amount which delivers to said
`segment or segments a therapeutically effective amount of a drug suitable for
`treating said condition, an ophthalmic composition which is as defined above.
`Nasal compositions and methods and ophthalmic and nasal compositions in powder
`form are also provided.
`
`SUMMARY:
`
`the cyclodextrin comprising at least one natural
`...in aqueous tear fluid,
`cyclodextrin selected from the group consisting of alpha—cyclodextrin,
`beta—cyclodextrin and gamma—cyclodextrin. The aqueous eye suspension can be in
`the form of eye drops, eye gel or eye mist.
`
`file://\\ticrs-ais-01\ticrsexport\Htm1ToTifiInput\REC00012007_05_30_15_42_l l_TTABO . ..
`
`5/30/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173,0023
`
`Page 6 of 10 '
`
`the invention provides a new use for cyclodextrin
`In another aspect,
`[0029]
`in the preparation of an aqueous eye suspension as defined in the preceding
`paragraph, for drug delivery to the posterior segments of the eye in a
`therapeutically ...
`
`DETDESC:
`
`..relatively rapidly in the aqueous tear fluid. Further information relating
`to particle size is shown in Experiment 5 hereinbelow.
`
`[0095] The compositions may further comprise at least one buffer salt and/or
`at least one preservative. The eye drops, eye mist or eye gel,
`that is,
`the
`ophthalmic composition,
`is an aqueous suspension comprising drug, cyclodextrin
`and water,
`the composition having an aqueous phase of from about 0.1 to about
`90%,
`typically about 5 to about 50%, of the drug in solution, as free drug and
`dissolved drug/ ...
`
`...being capable of dissolving in tear fluid within about 24 hours after
`application to the eye surface.
`
`2. The composition according to embodiment 1,
`
`in the form of eye drops.
`
`3. The composition according to embodiment 1,
`an eye gel.
`
`in the form of an eye mist or
`
`4.
`
`The composition according to embodiment 1
`0.25% to about 40% of cyclodextrin.
`
`, 2 or 3, comprising from about
`
`5.
`
`The composition according to embodiment 4, comprising from about 2%
`to about 20% (w/v) of cyclodextrin.
`
`(w/v)
`
`ENGLISH-CLAIMS:
`
`the cyclodextrin comprising at
`...being capable of dissolving in tear fluid,
`least one natural cyclodextrin selected from the group consisting of
`alpha-cyclodextrin, beta—cyclodextrin and gamma—cyclodextrin.
`
`2. The composition according to claim 1,
`mist or an eye gel.
`
`in the form of eye drops, an eye
`
`3. The composition according to claim 1, comprising from about 0.25% to about
`(w/v) of
`409 of cyclodextrin, and further comprising up to about 5%
`(w/v) of metal salts and
`water—soluble polymer, up to about 5%
`
`3 of 17 DOCUMENTS
`
`UNITED STATES PATENT AND TRADEMARK OFFICE PRE-GRANT
`PUBLICATION
`
`20060157064
`
`(Note: This is a Patent Application only.)
`
`Link to Claims Section
`
`July 20, 2006
`
`Apparatus, system and method for treating dry eye conditions
`and promoting healthy eyes
`
`file i//\\ticrs-ais-01\ticrsexport\Htm1ToTifi°Input\REC000 12007_O 5_3 0_1 5_42_1 l_TTABO . ..
`
`5/30/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 7 of 10
`
`INVENTOR: Davison, Suzanne - Murrieta, California, United States (US); Paulson,
`Roy - Temecula, California, United States (US)
`
`APPL—NO: 378949
`
`(11)
`
`FILED-DATE: March 16, 2006
`
`ENGLISH-ABST:
`
`An eyewear apparatus for treating dry eye conditions featuring a pair of
`curved eyecups having interior cavities for providing treatment to the eyes when
`worn. Each interior cavity has a sidewall surface adapted to removably engage
`with the perimeter edge of a moisture pad which may be mounted therein to
`provide moisture, aroma, or medicinal
`treatment to the eye. An ocular cavity
`formed in the moisture pads provides a separate treatment chamber to each of the
`two eyes of a user. Heat or cold may also be provided to the ocular chamber
`through temperature components which mount to the moisture pad or in a gap
`between the moisture pad and the front of the interior cavity.
`
`DETDESC:
`
`...each individual eyecup 17 without the addition of a moisture pad.
`
`[0101]
`In another method for adding moisture to the eyecup 17,
`artificial tear solution,
`surface of the eyecup 17 can be sprayed with water,
`spray eye mist,
`for example Biomist,
`or any other solution known in the art,
`before the wearer dons the apparatus of the present invention.
`
`the interior
`
`[0102] Shown in FIG. 15 is another preferred mode of the device shown as a
`sectional view of the moisture pad
`
`7 of 17 DOCUMENTS
`
`UNITED STATES PATENT AND TRADEMARK OFFICE PRE-GRANT
`PUBLICATION
`
`20040167114
`
`(Note: This is a Patent Application only.)
`
`Link to Claims Section
`
`August 26, 2004
`
`Zinc ionophores as therapeutic agents
`
`INVENTOR: Fliss, Henry — Ottawa, Canada (CA)
`
`APPL-NO: 759837
`
`(10)
`
`FILED-DATE: January 16, 2004
`
`ENGLISH-ABST:
`
`The present invention provides methods and compositions comprising one or
`more zinc ionophores for protecting tissue from the harmful effects of apoptosis
`in patients in need thereof. Concentrations of zinc—pyrithione and
`diethyldithiocarbamate in the picomolar to nanomolar range have a strong
`
`file ://\\ticrs-ais-0 1\ticrsexport\HtmlToTifHnput\REC000 12007_05_3 0_l 5_42_1 l_TTABO . ..
`
`5/30/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 8 of 10
`
`protective effect against apoptosis.
`
`DETDESC:
`
`...present invention is that the zinc ionophore, e.g. zinc—pyrithione, may be
`administered in-a convenient manner such as by the,
`intravenous,
`intramuscular,
`subcutaneous, oral or intra—cerebroventricular injection routes or by topical
`application, such as in eye drops or eye mist compositions. Depending on the
`route of administration,
`the active ingredients which comprise zinc ionophores
`may be required to be coated in a material to protect the zinc ionophores from
`the action of enzymes, acids and other natural conditions which may inactivate
`the zinc ionophores.
`...
`
`l0O83K
`
`++++++++++ print completed ++++++*+*+
`
`Time of Request: Sunday, May 27, 2007
`
`00:05:02
`
`2822:29657699
`Print Number:
`Number of Lines: 132
`
`Number of Pages:
`
`1
`
`Send To:
`
`BOAGNI, MARY
`TRADEMARK LAW LIBRARY
`
`file ://\\ticrs-ais-01\ticrsexport\Htm1ToTiffInput\REC000 12007_0'g5_30_1 5_42_1 l_TTABO . ..
`
`5/3 0/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 9 of 10
`
`600 DULANY ST
`ALEXANDRIA, VA 22314-5790
`
`_
`
`’
`
`3
`:
`
`file ://\\ticrs-ais-01\ticrsexport\Htm1ToTifflnput\REC00O 12007_0 5_30_l5_42_1 l_TTABO . ..
`
`5/3 0/2007
`
`

`
`TRADEMARK APPLICATION NO. 78696803 - EYEMIST - 8173.0023
`
`Page 10 of 10
`
`Note:
`
`In order to avoid size limitation constraints on large e-mail messages, this Office Action has been
`split into 3 smaller e-mail messages. The Office Action in its entirety consists of this message as
`well as the following attachments that you will receive in separate messages:
`
`Email 1 includes the following 7 attachments
`1. appl-1
`app 1-2
`app-1
`app-2
`app3-1
`app3-2
`aromedica-1
`
`>l.°“.V'-.-‘*!~*’!*’
`
`Email 2 includes the following 8 attachments
`1. aromedica-2
`ora-1
`. ora-2
`ora-3
`ora-4
`ora-5
`
`°°.\l?‘!~".-'e°’!‘3
`
`optimyst-1
`. optimyst-2
`
`Email 3 includes the following 1 attachment
`1. optimyst-3
`
`Please ensure that you receive all of the aforementioned attachments, and if you do not, please contact
`the assigned-examining attorney.
`
`file ://\\ticrs-ais-01\ticrsexport\HtmlToTifiInput\REC000 l2007_05_30_1 5_42_1 l_TTABO . ..
`
`5/30/2007
`
`

`
`
`
`
`
`8io~Logic A_qua
`Technologies
`Biomedical Research
`Water and Hydrotherapy "ggg
`
`
`
`
`
`V
`
`Nature‘; “I‘ears® Eye-Mlst
`Nature's Mist®
`Bio-Med Wesh®
`
`
`
`\lature‘s Tearsfé fEy€:Mist.
`
`
`
`
`
`H Search I
`Advanced Search
`
`2

`
`
`
`
`
`
`
`
`
`
`
`
`
`Bestsellers
`
`
`
`§ 1.Nature's Tears
`'
`Eyemist Triple Pack
`2. Nature‘; Tears
`TwlnPox:ir.
`3. Nature‘: Tears
`gygmigt ggngge
`g 4. Club Membership
`
`Nature’: Tear.§® EyeM‘r‘:t® 'forbdfy,_ 'im2atod;qyes.
`
`u 100% Bio-Logic Aquetissue-‘culture -grade water
`0 isafe, sterile and quickly epplfed in a one second sweep.
`o No tear film flooding,
`
`o Preservative and ohernical free,
`-,
`A
`-1- Doubles tear film molsoare
`p. cgntacueng cg]-ngafibkge
`
`o _ Souths 'co;mpute_r eye‘ irritation
`
`New Products ...
`All Products
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Shiopéng & Returns
`Privacy Notlce
`Conditions of Use
`Contact Us
`Gm Cerfifiwta WQ
`Newsletter Unsubscxibe
`
`
`
`
`
`
`
`.o Non allergenic/oreseryative free
`' I No dosage limit»
`
`
`
`
`
`
`
`
`
`
`
`Directions:
`
`with the applicator nozzle poingeditowerqs you, depress ‘the tobof,
`ythe Nature’: TearsvEyeM;s§canIster,,leawngxeyes opened, and must,
`ln 4:, sweeg ~across‘thg‘ eyes for quote tvybo seconds.
`
`Remember that only a ‘rnfnusoule amount of mist rnuit enter your
`eyes for Natunt-.‘s,.Tear,s Ey,eMsst to be effective‘ It Is OK If you blink,
`
`.NI)TE:Nature’s Tears Eye
`ll»-.n<a‘<.
`.
`.
`.
`.
`.
`,
`
`Mist may be ‘applied while wearing contact
`
`
`
`

`
`xrr1
`
`1
`
`yy
`)
`
`‘
`
`“
`
`I
`*
`
`V
`
`.
`
`.‘
`
`A
`
`‘
`
`'
`
`'
`
`.
`
`.,
`"
`
`‘
`
`Displaying 1 to 4 (of 4 products)
`Pmduct Image:
`Product Name‘:-
`
`Nature's Tears
`Evemist Qingie
`
`37.95
`
`add to
`Wcad
`
`Most convenient tin--you can carry it anywhere. Suggested
`applications: Keep In car. pocket. or purse.
`
`
`
`Mature’: Te an
`Twinvack
`
`$14.93
`
`add to
`Weart
`Our twin pack I: by far the most popular choice. You receive two
`10: an: Inside a retail box (lntludas bvodmure with Instructions).
`Urdar Ioday and...
`
`mature’; Tears
`syomiwr Tvifxla Dar-lc
`
`..-=‘....«~....
`c.i7.aLx.}r.s
`
`$20.95
`
`add in
`tag
`
`our value pack give: you a $3 doliar Savingsu Don‘t miss this
`deem You'll save a $1 dollar off each home (when compared to
`purchasing a ¢lnq|a)....
`
`35.00
`
`add to g
`Mcart J
`E9eMi:t_You with Vision Club Membership $1 afdavarv membership
`will he donated to the Save A Child’: Life Faundafion. dedicated to
`the research and...
`
`Your IP Address is: 151.207.2444
`
`Copyright 0 20_05 Bio-Logic Aqua Technologies. Oowerad by Zara Cart
`
`

`
`
`
`medcompare“ n..m..W4.W..wm.m,..
`
`ophfiwaimoiogy
`
`Pmxmczs.
`
`Raw Products
`
`Hews /
`
`'x!x<tems.... .
`
`Jzmrnampdates ...
`
`.. Artistes 7;}
`
`Resources;
`
`Jiuents .
`
`CME£CE;-....\
`
`
`
`A “cm: > Ophihalmotogy > Artificial Tau-5 and Oinhncnb > Nature's ‘l'ears® £yeMist""
`$%?3*"~'¥9V M€é€5C0n‘Pm‘8
`,
`Em“ K‘ ‘Mat; 1
`|%0-V W
`.,..,,...
`.
`- ww
`..,...,..w..-.w.W. W..W_.»._._.,...V,..,...,‘.-..w..w...,,_W...,,.M..w..,..-.._....-._...w
` , Nature's T8flI“S® EVOMISV"
`
`
`
`
`
`” 1,“ ‘mm 0",“
`:n“‘;',;"m"__‘zg:':')‘m
`h““u;‘"f‘,““‘_um“”‘b
`
`
`r(‘3:ner¢;I Information
`
`'
`
`Vendor
`mm
`
`Control'Hoppy Iris‘
`
`7"” "‘
`
`
`
`Bio-Logic Aqua tcchwnogsu
`Natucfs tame Eycmstm
`0 Not an we drop
`O Dnscrvafivi-fvao
`I siocompwbh
`0 Doc: not flood tear film
`0 100% safe and convenient
`I Non-allergenic
`0 No lifting the eyelid
`0 Does not disturbrnakc-up
`I Apply as often as nudcd
`
`Appmval
`
`Inquln
`
`Pmduct Number
`
`composition
`
`Amountper Cube (ml)
`
`Inqulrt
`‘
`,
`Bio-Logs: Aqua“ |s_ an-all-natural. tissun-culture and: water. The
`water‘: purity and mild mineral content make it ideal as a tluur
`culture mudium in biologic laboratory oxptrimcnts and as a
`moisturizing mist forpyu.
`30 mL (1 fluid ounce)
`
`Type of ‘preset->\raIiv¢
`mt P1-kc
`
`presowltivfifrne
`Inquire
`
`Related content
`f'.Z"""""""""""“i
`5 vvuaau-aui
`
`
`
`
`
`
`
`!
`55*’
`
`V4»,,
`
`

`
`
`
`'i “W “W
`.;;o.a;..’; Descriptioit ‘' "
`NATURES TEARSCB is an all-natural moisturizing must for the eyes developed with the consulting
`assistance of Dr. William Mathers, from Oregon Health Sciences University's Casey Eye Institute. Dr.
`Mathers‘ study of NATURE‘S TEARSGI (2000) and dry eye patients showed. on average, that the mist
`doubled the moisture volume of the eyes‘ tear film without disrupting the tear film's delicate structure.
`Contact lens wearers were the most enthusiastic. The mist creates a microvenvironment of pure, all-
`natural, unpolluted, pli correct humidity around the face.
`
`The NATURE'S TEARSO pharmaceutical bottling process meets applicable government and industry
`clean room standards. The water is naturally pure, certified sterile and contaminant-free as it emerges
`from the around. Clean room standards assure that no contamination occurs during the bottling
`process. The company has established additional procedures to assure sterility without altering the
`water‘: mineral content. 8io~Loqic Aquaflvl Technologies is the first bottled water company to globally
`specialize in fiesuevwlwre grade medical water battled to pharmaceutical standards.
`
`The Bio-Logic Aquam Technologies objective is to educate the public about dry eye symptoms, the
`many environmental threats to visual health and the need to naturally replace lost eye moisture. Now,
`with just a mist to the face, you can create a micro-environment of clean, natural, pH curred humidity
`around your eyes and face that restores lost moisture in the eyes‘ tear film and on the skin of the
`eyelids and face. NATURE‘S TEARSQ is easily carried. easily applied and cannot be over-applied.
`
`A
`
`, uenaoscov
`‘s. uuvumi & "“"°
`
`tender cantact‘I_nfo»rrriation
`
`N
`
`I
`
`Customer Slflllcll (eon) 307-0670
`
`Web sital httpxIluvw.naturutaars.com
`
`li0TE2 Medcompare disclaims any information on this site. The information found on Medcemoara (Druo
`Guide, Product Listings and otherwise) is Intended for use by medlcal professionals. This information It not
`Intended to replace the information, advice or instructions from a medical doctor. mice information is
`approximate list price and actual prices may vary.
`
`£m£\&El lE2&lE9£fil
`&flmslmmumlmml£m&l
`
`Cardiovascular I Neurological ; Diagnostics 1 Ophthalmology 1 Urology | Orthopedics 3 General Surgery lAasthetlcs VISIT OUR SISTER $lYES:
`
`searching rot me science products? visit | searching tor dental 9xoduus‘.'V1sItmm
`
`eztour Mr.-.d«;c:m_:~ase 3 »*ui=»'e.ril.:srlr_: me i Fr»:-3-lat £.e:e-grmezs I 5'.lfs's?‘,*;’ and fr.-amis I lfitmtarl 132'; Help 1 Power.» Form zlrlcezoenser 8. Term; of use
`Ccpyriuhtfi 2003-2007 Medcomparmccm. All rights reserved.
`
`
`
`
`
`

`
`
`A Cutting-edge Discovery
`
`
`
`|"|
`
`0104!
`
`totfififltliifi {(3 £536"
`
`Eye Mist:
`
`._U .'.‘.§§I§?§fl9.'.'19..P.'.'¥.§¥§.......................................... ..
`
`‘ Recent discoveries by Bio-Logic Aqua Research.
`Recent discoveries by Bio-Logic Aqua Research regarding the causes of
`. dehydrated and irritated eyes (dry eye) led to the development of the first all-
`natural, all-water, pH balanced mist product for eye moisturizing. For
`» maximum benefit, the eye mist must be correctly applied.
`
`Benefits of ocular misting.
`
`o instantly soothes dry irritated eyes.
`0 Convenient and easy to apply (even ifyour hand is unsteady).
`o No touching of eyelids, tilting back of head or aiming of dropper.
`o Misting supplies only what eyes need
`0 Does not flood ocular tear film or interfere with tear film structure.
`0 Moisturizes contact lenses without removing lenses.
`0 soothes computer eye strain (also called "Computer Vision
`Syndrome" or CVS).
`ht» nab-J.‘6Gou-u- «share-.-.5.--sin uvau-.a.nu-92-u-.~ Auvurnv-.A"anu-O-In
`
`Eye Care‘, News -
`
`
`
`
`'x.‘~:~\e,~«
`
`

`
`o No additives, chemicals, preservatives or propellants,
`0 Will not smudge eye makeup,
`0 May also be used as an emergency eye wash.
`
`correct application.
`The most common error is attempting to apply the mist as though itwas
`an eye drop. by aiming it directly into the eyes. This can flood the eyes and
`= negate some or the benefit. The objective is to create a swirl or moisture
`' around the face. like humid air, from which the eyes absorb as much as they
`' need. Brief blinking is OK.
`
`0 With eyes open, point nozzle of mist canister at side of face next to
`eyes (if you point the nozzle directly atthe eyes, there could be a reflex
`to pull away and close the eyes).
`o F’l’6SS top OT C8l'1lS[6I' I0 release mist.
`0 Move mist canister across face, 8 to 12 inches from eyes, in a one-to-
`two-second sweep. Do not mist directly into eyes.
`
`As an emergency eye wash (for eye irritation from dust, fumes, smoke or
`a small particles), hold eyelids open. lean forward (with yourwaist in an “L" and
`looking atthe ground), and spray entire contents of mist canister back and
`forth directly into the eyes, from about three inches away This is an
`emergency measure only, when no other eye irrigation method is available. It
`I should not replace officially recommended first aid procedures.
`
`.
`
`Single Bcwo or
`Nntixrls Tears.
`L‘ 37.95
`
`y
`
`3 1
`
`_
`
`1
`
`T'*£?’
`'*
`,
`~
`';i
`
`FREE sHlPPlNGl
`“ wlneaoxar
`COMIIHI 2- ‘ 02.
`“flu,” Tan‘
`
`'
`
`-
`
`§;l_f;§5_.,§§~ ¢~iE'jCll,JT . r:r'i:~iN*r v
`.
`L. ’
`‘Ii
`
`

`
`
`
`
`@631 @ E9]
`@@mm
` Teehnické specifikace virrobku:
`
`AROMEDICA
`Internet retailing oi natural pharma cosmetic, aromatherapy and {need supplemenzs
`
`Eye Area Care
`Aromedico > Dharmacoutical bio cosmetic 3 Eye Area Care
`
`
`
`
`
`Refresher A prevents buring and itching of eyes
`
`I ask
`
`I odulat cmallom n data: no product
`
`
`
` Goods catalogue
`
`
`
`
`
`
`
`o Aromatherapy
`6 Pharmaceutical bio
`cosmetic
`D Acne and
`lnfiarnmation
`0 Blood vessel and
`lymphatic system
`0 Body Care
`3 Body fat reduction,
`Body toning, Cetlulite
`6 Eye Area Care
`0 Hair Care
`9 Hands and Feet Care
`6 Lips and Nose Care
`9 Massages,
`Physiotherapy
`o Muswlar~skeleteI
`system, pain
`0 Products for kids
`6 Relaxation and Stress
`6 Respirsbory System
`0 Sin Problems
`9 Skin Care
`9 Soaps
`0 Teeth and Mouth Care
`6 Food supp|arnents ‘Good
`health”
`6 Intimata hygiene
`
`Division by effect
`-
`-
`..
`“‘.““”“"‘“‘“““““
`
`
`
`Type ofcontents
`Volume
`
`voda
`50 ml
`
`Date of delivery: 3_g_n_z
`Price: 153,- CZK
`
`
`
`089-er nmductsku fifvls éecfiioni .7:-. .<.2?!!.-rs>r°..¢.I.-av. !"..sh'sTs-.‘9-.99rv.=T .:
`3 ’ éomposition
`interrogation / answerback M
`
`15.1.. ..L —.- um- -——I-O.
`....-~.—uL- I.-.~l..— -..J lA..I.l._ .‘ —. --
`
`‘I
`
`

`
`
`
`Product description: Refresher eye mist - prevents boring and itching of eyes
`guarantee time 24 Months
`
`This exceptions! product, in combination with eye gel, refreshes the eyes, prevents burning
`and itching sensation In the eyes (good for drivers, computer users, allergies etc.) it is
`made of a special mineral water ll sane containing a number of minerals, namely bivalent
`iron. Apply this fine mistto closed eyes and rest for a little while. other effective
`substances: Dead Sea salts, mallow extract, chamomile essential oils, eye bright
`(Euphrasia rosboriana), fennel seeds essential oils, aloe vera. Contains the maximum
`amount of effective substances and anlv a necessary minute amounts of preservatives.
`
`
`
`
`
`DD
`
`0 Cardio-vascular
`6 Lips and nose
`0 Complexion
`6 Muscular-skeletal
`svstem.Dain
`0 Stomach, guts, dioesti
`0 Energy
`0 Skin care
`0 Respiratory system
`5 Skin problems
`9 Mair care
`0 Hands and feet care
`6 Bath and massage
`0 Stress, relaxation,
`comfort
`9 Products for kid:
`0 none and inflammation
`6 Weight-loss, cellulite
`0 Personal hygiene
`9 Eye care
`I Vacation, leaeure time
`0 Immunity boost
`0 Complex care
`6 Teeth and mouth care
`
`."‘.".‘i'T'.°""
`Zdravé~v92iva:nMatiW 4 “ WW fl
`
`
`
`
` x «item ii;
`
`
`Jednou meslbwi vim budeme
`
`
`s; O Zfiéasmete se na§I
`0
`soutefe o hodnotne
`resflat novinlw
`U 13
`z arornaturapin. inforrnace
`
`1'
`
`o slevich a soutiiich.
`‘E ceny. Kaidfi meslc
`vyhlasujema viherce.
`9&8
`£1
`
`
`2
`
`
`
`
`
`
`
`Cream with Myrrh for oily skin. The
`
`cream has the same effects as live
`balm, but it is suitable for application
`,3 during the day. It creates a velvety
`‘ surface on the skin, and
`
`,
`
`"‘
`
`v
`
`All rights reserved Aromudlcmct
`
`

`
`
`
`
`
`Clinical Research & Development
`
` ORA
`
`j
`
`..
`
`Media : Taking steps Toward Better Compliance
`
`Date: Wednesday, February 15, 2006
`
`
`
`A
`5
`
`.h?..§t,e?§.??9.§v99s§§........
`:..9st22e?=.s..9,9xsrr:§nss
`
`Author: Mark B. Abelson, M.0.,‘Gail Torkildsen, M.D., Kate l-“ink
`
`Source: Review of Ophthalmology
`
`
`
`Have you ever had a patient who didn't respond as expected to a prostaglandin analog,
`or someone who had an unusual degree of inflammation after cataract surgery even
`after you prescribed an appropriate anti-inflammatory? It may have been because of the
`patients lack of compliance. Many patiens are reluctant to admit to missed doses or
`trouble with medication instillation, which makes it more difficult to determine how
`compliant they are or why they’re experiencing problems. In this article, wail take a look
`at themain obstacles to compliance with eye drops, and steps that both industry and
`physioans are taking to overcome them.
`
`
`
`
`
`ways to Enhance Compliance
`
`One study revealed that 69 percent of patients taking eye drops who experienced
`problems in drop administration would not admit this to their doctors, even if asked.‘
`Such reticence is a good reason for eye-care practitioners toprovide every form of help
`possible during the patient’s brief in—office time to facilitate compliance. Once a diagnosis
`has been made and the need for treatment established, the challenge of aixually
`making sure the patient takes an ophthalmic medication involves more than meets the
`eye: First, we must help get the medication into patients’ hands; second, they must
`remember to take it; third, they need to be able to successfully administer the eye drop;
`and finally, the overall process must be made as simple and convenient as possible.
`
`Getting the Medication into Patients’ Hands
`
`Getting a patientto fill aprescription and purchase the needed ophthalmic drug can be
`a challenge in itself. its important to educate the patient about the need for the
`medication and how to use it, and equally important to take the time to make sure the
`patient understands the handling, storage and administration of the drops as well as
`what results to expect. Using visual aids, fact sheets and other educational material can .
`help improve compliance, as can ensuring patients receive information in their own
`language, if its not English.
`
`If patients understand that the prescribed medication is important or crucial to their
`health, this can help provide the motivation they need to fill the prescription. However,
`even this incentive may

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket