Ex parte ROSENTHAL - Page 7




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


          (Regimand), is not reasonably pertinent to Appellant’s                      
          checking non-invasive blood glucose measurement field                       
          instruments for accuracy, as claimed.  Similarly, the asphalt               
          calibration approach of Regimand does not logically commend                 
          itself to an inventor’s attention concerning the calibration                
          of non-invasive blood glucose measurement field instruments of              
          the type claimed.                                                           
                    Thus, we find that Regimand is not reasonably                     
          pertinent and is non analogous art.  Therefore, we will not                 
          sustain the rejection of claims 1 through 6.                                









                    We have not sustained the rejection of claims 1                   
          through  6 under 35 U.S.C. § 103.  Accordingly, the Examiner's              
          decision is reversed.                                                       


                                     REVERSED                                         


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