Ex parte SCHULTZ - Page 7




          Appeal No. 98-2792                                                          
          Application 08/516,257                                                      



          OPINION                                                                     
                    In reaching our decision in this appeal, we have                  
          given careful consideration to appellant’s specification and                
          claims, to the applied prior art references, and to the                     
          respective positions articulated by appellant and the                       
          examiner.  As a consequence of our review, we have made the                 
          determinations which follow.                                                


                    Looking first at the examiner's rejection of claims               
          15 and 16 under 35 U.S.C. § 102(b) as being anticipated by                  
          Schultz, we share the examiner’s view that Schultz discloses                
          (Figures 5a, 5b) a sensor unit (26) for sensing properties of               
          a sample analyte, which unit is structured to be used with a                
          remote light source (36) and remote detection means (41) both               
          of which are disposed in noncontacting position with respect                
          to the sensor unit.  The sensor unit itself includes a capsule              
          (30, 34) closed by an optical fiber (32) inserted in one end                
          thereof.  The capsule defines a single undivided processing                 
          chamber (28), a                                                             



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