Appeal No. 96-2855
Application No. 08/190,227
purposes of both the invention and the prior art reference are
important in making this determination.
Regimand calibrates field gauges by transferring
calibration data via a master gauge (column 3, lines 3-11).
At column 5, lines 64-67, Regimand states “This calibration
procedure would be carried out whenever calibration is
required, such as due to the use of a new type or variation of
paving mix.” With respect to Appellant’s invention, at page
4, lines 26-34 of the specification it recites with respect to
non-invasive blood glucose measurement instruments:
Although such instruments are very
accurate, there may arise a need due to regulatory
regulations or other circumstances to independently
verify the accuracy of such instruments. The
procedure of the present invention permits the
accuracy of non-invasive instruments to be
periodically checked in a quick and easy manner.
The instrument can be used after the accuracy check
only if the measured accuracy is within preset
limits.
We find the purpose of Regimand to be quite
different than that of Appellant. Transferring calibration
data to field instruments, due to a new asphalt mix
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