Appeal No. 96-2855
Application No. 08/190,227
(effectively filed Jul. 29,
1988)
Claims 1 through 6 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Regimand.
Rather than reiterate the arguments of Appellant and
the Examiner, reference is made to the brief, reply brief and
answer for the respective details thereof.
OPINION
We will not sustain the rejection of claims 1
through 6 under 35 U.S.C. § 103.
ANALOGOUS ART
Appellant argues in the Reply Brief:
First, the Answer has failed to establish
that the Regimand neutron gauges for detecting the
asphalt content of bituminous paving mix are in the
same field as the present invention, which relates
to non-invasive quantitative measurement of analytes
in the blood. There is no evidence of record that
one skilled in the art of non-invasive biochemical
analysis would look to the industrial neutron gauge
art for solutions to problems encountered in that
field.
In determining whether a claim would have been
obvious at the time of the invention, the Examiner must first
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