Ex parte SCHULTZ - Page 8




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




          portion (30) of which is a semi-permeable membrane that is                  
          permeable to the analyte (e.g., glucose).  Receptor material                
          (35, e.g., Con-A) is disposed within the chamber and, more                  
          particularly, is coated on the inner wall of the portion (30)               
          thereof.  The receptor material is capable of chemically                    
          interacting with the analyte.  As can be seen in Figure 5b,                 
          light (40) entering the chamber (28) will not be blocked from               
          impinging on the analyte or receptor material by a chamber                  
          dividing wall restricting passage of said light.  Thus, we                  
          conclude that appellant’s claims 15 and 16 on appeal are                    
          readable on the sensor unit of Schultz (Figures 5a, 5b) and                 
          that the subject matter of appellant’s claims 15 and 16 is                  
          therefore anticipated by Schultz.                                           


                    Appellant’s argument (brief, page 6) that Schultz                 
          does not disclose a sensing unit which is adapted for use with              
          a remote detection means, because the optical fiber (32) in                 
          Schultz is physically part of and cooperates in defining the                
          chamber (28), is not persuasive.  The sensing unit (26) of                  

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