Ex Parte Leiden et al - Page 8


                 Appeal 2006-1971                                                                                    
                 Application 10/144,224                                                                              

            1                     myoglobin oxygen saturation of muscle tissue.  (col. 3, ll.                        
            2                     36-38 and 41).                                                                     
            3           11. Arakaki uses a probe having separated illumination fibers in                             
            4                     useful reflectance measurements to assure that a discrete                          
            5                     minimal optical path length through tissue is obtained.  The                       
            6                     reference refers to an article that suggests the source to                         
            7                     detector separation being roughly twice the average depth of                       
            8                     penetration of light into tissue, and that setting the spacing                     
            9                     between the two sets of fibers to about 1-3 mm is expected                         
           10                     to have an average penetration of about 0.5 mm to about 1.5                        
           11                     mm. (col. 8, lines 5-20).                                                          
           12           12.  Aranow is directed to using light, emitted through a patient's                          
           13                     finger tip, ear, etc. for use in analyzing a person's blood.                       
           14                     The detected light is amplified and used to determine a                            
           15                     patient's pulse and oxygen saturation level, and/or                                
           16                     oxyhemoglobin, etc.  (col. 2, l. 60 to col. 3, l. 8).                              
           17           13. Aranow discloses that in the event that a monitored                                      
           18                     characteristic goes above/below predetermined threshold                            
           19                     values, an audio alarm may sound to alert attending medical                        
           20                     personnel. (col. 5, lines 48-57).                                                  
           21           14. Mendelson indicates that his invention is directed to the                                
           22                     accurate measurement of blood analysis based on the                                
           23                     principle of transmission and reflection                                           
           24                     photoplethysmography.  Glucose is measured by analyzing                            
           25                     the difference or ratio of two different near infrared                             

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