Ex Parte KRISHNASWAMY et al - Page 1



                    The opinion in support of the decision being                      
                    entered today was not written for publication                     
          and is not binding precedent of the Board.                                  

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                   Ex parte SARATH KRISHNASWAMY and PATRICK GUINEY                    
                                    ____________                                      
                                Appeal No. 2005-0860                                  
                             Application No. 09/363,728                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      
          Before FRANKFORT, MCQUADE and NASE, Administrative Patent Judges.           
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Sarath Krishnaswamy et al. appeal from the final rejection             
          of claims 1 through 6, all of the claims pending in the                     
          application.                                                                
                                  THE INVENTION                                       
               The invention relates to an analyte testing system.                    
          Representative claims 1, 3 and 4 read as follows:                           
               1.  A hand-held analyte test instrument comprising:                    
               a housing;                                                             
               a barcode reader disposed in the housing for scanning a                
          barcode associated with a test strip configured to receive an               
          analyte;                                                                    




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