Appeal No. 2005-0860
Application No. 09/363,728
professional 60) [column 11, line 65, through column
12, line 28].
The examiner’s determination (see page 8 in the answer) that
Brown teaches, or would have suggested, a data management method
responding to all of the limitations in claim 4 except for the
one requiring each of the analyte test instruments to include a
test strip port which accepts test strips for determining the
level of analyte in a sample taken from a patient is reasonable
on its face and has not been specifically disputed by the
appellants. In this regard, Brown does not describe the blood
glucose monitors 16 in any particular detail.
Cheung discloses a digital biosensor useful for measuring
the concentration of components in body fluids such as blood.
The handheld unit 12 shown in Figure 2 acts on test strips in the
form of sensor element cassettes 16 which are insertable into a
port in the unit for analysis.
The test for obviousness is not whether the features of a
secondary reference may be bodily incorporated into the structure
of the primary reference; nor is it that the claimed invention
must be expressly suggested in any one or all of the references.
Rather, the test is what the combined teachings of the references
would have suggested to those of ordinary skill in the art. In
re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).
11
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