Appeal No. 1997-3073
Application No. 07/953,680
appellants that the claimed invention does not have to be
described in ipsis verbis in order to satisfy the requirements
of 35 U.S.C. § 112 (Brief, pages 42 and 43), that the
originally filed specification provides support for the
claimed invention, especially the use of n measuring
wavelengths to measure k constituent components with n>k in
claims 37 through 44 (Specification, page 20; Brief, pages 43
through 46), and that there is nothing incompatible about
choosing one subset of wavelengths for radiation absorbance
and choosing another subset of wavelengths for radiation
scattering (Brief, pages 43 through 49). Thus, we agree with
appellants’ argument (Brief, page 47) that “the existence of
an absorbance subset of wavelengths, the members of which are
selected to maximize absorbance relative to radiation
scattering, along with a scattering subset of wavelengths, the
members of which are selected to maximize the effects of
scattering relative to absorbance, is completely compatible.”
All of the prior art rejections are reversed because the
applied references neither teach nor would they have suggested
determining concentrations of unaltered whole blood via use of
both wavelengths for radiation absorbance, and wavelengths for
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