Ex parte SHEPHERD et al. - Page 2




          Appeal No. 1997-3073                                                        
          Application No. 07/953,680                                                  


          of determining concentrations of constituent components of                  
          whole undiluted blood.  A significant finding by the Board was              
          that “Brown uses haemolysed blood” (Decision, page 11).                     
                                      DECISION                                        
               The present appeal is from the final rejection of claims               
          1 through 44.                                                               
               The disclosed invention now relates to a method of                     
          determining the concentrations of a plurality of constituent                
          components of unaltered whole blood.                                        
               Claim 37 is illustrative of the claimed invention, and it              
          reads as follows:                                                           
               37.  A method of determining the concentrations of a                   
               plurality of k constituent components of unaltered whole               
               blood, k being an integer, comprising:                                 
                    generating a plurality of n different substantially               
          monochromatic radiation wavelengths, where n                                
          is                                                                          
                    an integer and n > k, k of said n wavelengths                     
                    having been selected to measure radiation                         
          absorption          by said k constituent components, and n-                
          k of said n         wavelengths having been selected to                     
          compensate for           errors due to n-k scattering                       
          factors in unaltered          whole blood;                                  
                    irradiating a sample of unaltered whole blood with                
          said           n radiation wavelengths;                                     
                    detecting intensities of said n radiation                         
          wavelengths         after passing through said sample of                    
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