Ex Parte KRISHNASWAMY et al - Page 4



          Appeal No. 2005-0860                                                        
          Application No. 09/363,728                                                  
                                   THE REJECTIONS                                     
               Claim 1 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Bocker in view of Cheung.                                 
               Claims 2, 5 and 6 stand rejected under 35 U.S.C. § 103(a) as           
          being unpatentable over Bocker in view of Cargin.                           
               Claim 3 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Davis ‘943 in view of Koenck and Davis ‘966.              
               Claim 4 stands rejected under 35 U.S.C. § 103(a) as being              
          unpatentable over Brown in view of Cheung.                                  
               Attention is directed to the brief (filed June 30, 2003) and           
          answer (mailed November 4, 2003) for the respective positions of            
          the appellants and examiner regarding the merits of these                   
          rejections.                                                                 
                                    DISCUSSION                                        
          I. The 35 U.S.C. § 103(a) rejection of claim 1 as being                     
          unpatentable over Bocker in view of Cheung                                  
               Bocker discloses “an analytical system for monitoring a                
          substance to be analyzed (analyte) which is present in the blood            
          of a patient” (column 1, lines 8 through 10).  The system                   
          includes a handheld central unit 3 comprising a keypad 20, a                
          display 21, a test duct 17 for receiving analyte test strips 13,            
          electronics 23 for measuring changes in the test strips                     

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