Appeal No. 1997-3073
Application No. 07/953,680
unaltered whole blood; and
calculating concentrations of said k constituent
components of said sample of unaltered whole
blood, corrected for the effects of radiation
scattering, as a function of said detected
intensities of said n radiation
wavelengths.
The references relied on by the examiner are:1
Brown et al. (Brown) 4,134,678 Jan. 16,
1979
Anderson et al. (Anderson), “Light-absorbing and Scattering
Properties of Non-haemolysed Blood,” 12 Phy. Med. Biol., no.
2, 173-84 (1967).
Claims 1 through 44 stand rejected under the second
paragraph of 35 U.S.C. § 112 for indefiniteness.
Claims 37 through 44 stand rejected under the first
paragraph of 35 U.S.C. § 112 for lack of enablement and for
lack of an adequate written description of the invention as is
now claimed.
Claims 1, 10, 20 through 24, 26, 27, 34 through 37, 41
and 43 stand rejected under 35 U.S.C. § 102(b) as being
anticipated by Anderson.
1The references to Anderson and Brown were applied by the
examiner in the prior application.
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