Ex parte PARKER et al. - Page 2




          Appeal No. 97-2142                                                          
          Application 08/114,896                                                      


          time measuring instrument of the type utilizing an electromagnet            
          for creating a time-varying magnetic field.  Independent claim 1            
          is further illustrative of the appealed subject matter and reads            
          as follows:                                                                 
                    1. An instrument comprising a detector for                        
                    monitoring a change in a characteristic of a                      
                    biological fluid or a control, the biological                     
                    fluid or control being combined with particles                    
                    which are affected by a magnetic field so that the                
                    particles become suspended relatively freely in                   
                    the biological fluid or control, and an electro-                  
                    magnet for creating a time-varying magnetic field                 
                    which causes the particles to be reoriented as the                
                    magnetic field varies, the reorientation changing                 
                    as the characteristic of the biological fluid or                  
                    control changes, the electromagnet including a                    
                    core comprising a first leg, an electrically                      
                    conductive coil provided on the core for creating                 
                    a time-varying magnetic flux in the core, a flux                  
                    return provided at least partly through the core                  
                    for the time-varying magnetic flux, and a drive                   
                    circuit coupled to the coil for providing time-                   
                    varying current flow therein.                                     
               The references relied on by the examiner are:                          
          Hubbard et al. (Hubbard)      3,882,442      May  06, 1975                  
          Ootsuka                       4,940,958      Jul. 10, 1990                  
          Oberhardt                     5,110,727      May  05, 1992                  
               Claims 1-4, 6 and 7 stand rejected under 35 U.S.C. § 103 as            
          being obvious over Oberhardt in view of Ootsuka.                            
               Claim 5 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Oberhardt in view of Ootsuka and Hubbard.                 
               Each of the above noted rejections is based on the exam-               

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