Ex Parte Leiden et al - Page 9


                 Appeal 2006-1971                                                                                    
                 Application 10/144,224                                                                              

            1                     radiations that are reflected from tissue surface before and                       
            2                     after blood volume change occurring in the systolic and                            
            3                     diastolic phases of the cardiac cycle.  (col. 4, ll. 59-68).                       
            4           15. The spectral location and magnitude of the near infrared                                 
            5                     absorption peaks are temperature dependent, and that it is                         
            6                     important to perform the measurement under constant                                
            7                     temperature.  (Mendelson, col. 6, lines 52-62).                                    
            8           16. In the preferred embodiment, the light sources are lasers.                               
            9                     The light is directed to a sample such as the earlobe of the                       
           10                     patient.  The received light is picked up by detector 5 and                        
           11                     processed.  (Mendelson, col. 6, l. 64 to col. 7, l.6).                             
           12           17. Mills is directed to the non-invasive determination of blood                             
           13                     gases, hemoglobin level, etc.  (col. 1, ll. 1-4).                                  
           14           18. Mills discloses using a light signal and photo detector, along                           
           15                     with heating/cooling element 16 for controlling the                                
           16                     temperature of the patient's finger. (col. 11, ll. 59-63).                         
           17           19. Gravenstein is directed to non-invasively measuring                                      
           18                     hemoglobin and hematocrit levels, etc. (col. 1, ll.1-5 and col.                    
           19                     2, ll. 15-17).                                                                     
           20           20. Gravenstein discloses, as correctly noted by the Examiner                                
           21                     (Answer 7) a method of determining hemoglobin                                      
           22                     concentration from hematocrit. (col. 4, ll. 4-11).                                 
           23           21. Misner is directed to a method of enhancing optical signals                              
           24                     by mechanical manipulation in non-invasive testing.  (col. 1,                      
           25                     l. 1-5).                                                                           

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