Ex parte SCHULTZ - Page 2




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






                                                   DECISION ON APPEAL                                                              
                              This is a decision on appeal from the examiner's                                                     
               final rejection of claims 15 through 17 and from the                                                                
               examiner’s refusal to allow claims 1, 2, 4 through 10 and 36                                                        
               through 38    as amended subsequent to the final rejection in                                                       
               a paper filed June 13, 1997 (Paper No. 11).  Claims 24, 25, 34                                                      
               and 35 stand allowed.  Claims 22, 23, 26 and 39 through 55,                                                         
               the only other claims pending in the application, have been                                                         
               withdrawn from further consideration by the examiner under 37                                                       
               CFR § 1.142(b). Claims 3, 11 through 14, 18 through 21 and 27                                                       
               through 33 have been canceled.2                                                                                     


                              Appellant’s invention relates to a system or device                                                  
               for measuring the concentration of certain biochemical                                                              
               constituents in a patient.  As can be seen in Figures 1-3 of                                                        
               the application, the system includes a sensor unit (4) having                                                       

                       Decided concurrently herewith is the appeal in2                                                                                                          
               appellant’s co-pending application No. 08/714,830, filed                                                            
               September 17, 1996 (Appeal No. 99-0446).                                                                            
                                                                2                                                                  





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