Appeal No. 2005-0860
Application No. 09/363,728
In the present case, the combined teachings of Brown and
Cheung would have suggested implementing Brown’s broad teaching
of a blood glucose monitor 16 with a test strip embodiment of the
sort disclosed by Cheung as such is a conventional expedient in
the blood monitoring art. Indeed, the Brown patent itself
acknowledges as much by describing test strip monitors as
available and “relatively inexpensive and relatively easy-to-use”
(column 1, lines 39 and 40). As so modified in view of Cheung,
the Brown data managing system is fully responsive to the
limitations in claim 4. The appellants’ arguments that the
rejection is unsound because the applied references would not
have suggested docking stations or glucose monitors inserted into
Brown’s handheld units 12 (see pages 10 and 11 in the brief) are
unpersuasive as they are not commensurate with the actual scope
of claim 4 which does not require these features.
Accordingly, we shall sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 4 as being unpatentable over Brown in
view of Cheung.
SUMMARY
The decision of the examiner to reject claims 1 through 6 is
affirmed with respect to claim 4 and reversed with respect to
claims 1 through 3, 5 and 6.
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