Ex parte ROSENTHAL - Page 2




          Appeal No. 96-2855                                                          
          Application No. 08/190,227                                                  


          HECKER, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   


                    This is a decision on appeal from the final                       
          rejection of claims 1 through 6, all of the claims pending in               
          the present application.                                                    
                    The invention relates to a procedure for verifying                
          the accuracy of a non-invasive blood glucose measurement                    
          instrument through the use of an invasive (in-vitro)                        
          measurement instrument.       Representative independent claim              
          6 is reproduced as follows:                                                 
                    6.   A procedure for verifying the accuracy of a non-             
          invasive blood glucose measurement instrument, comprising the               
          steps of:                                                                   
                    taking a first blood glucose measurement of a user                
          with a measurement instrument whose accuracy has been                       
          independently verified;                                                     
                    taking a second blood glucose measurement of said                 
          user with said non-invasive measurement instrument; and                     
                    comparing said second measurement with said first                 
          measurement in order to determine the accuracy of said non-                 
          invasive measurement instrument.                                            
                    The Examiner relies on the following reference:                   
          Regimand       Re. 34,070          Sep. 22, 1992                            
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