Appeal No. 2005-0860
Application No. 09/363,728
into the teachings of Bocker” (answer, page 4) is accepted at
face value, it would not result in the subject matter recited in
claim 1.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 1 as being unpatentable over Bocker
in view of Cheung.
II. The 35 U.S.C. § 103(a) rejection of claims 2, 5 and 6 as
being unpatentable over Bocker in view of Cargin
Independent claim 2 is similar to claim 1 in that it too
recites a hand-held analyte test instrument comprising, inter
alia, a “numeric” keypad. Claim 2 also defines the recited test
instrument as having a rechargeable battery pack arrangement.
Conceding that Bocker does not disclose or suggest these
features, the examiner looks to Cargin.
Cargin discloses a hand-held data collection terminal
designed for use by delivery truck drivers who must make records
of deliveries and provide delivery tickets or invoices to
customers. The terminal 10 includes a display 13, a keypad 14
having a plurality of numeric, alphabetic and function keys for
entering data and instructions, a rechargeable battery pack 28
and a system for charging the battery pack (see column 12, lines
3 through 60). In other embodiments (see Figures 7 through 18),
6
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