Ex parte CALLAGHAN et al. - Page 5




          Appeal No. 96-2179                                           Page 5           
          Application 07/613,466                                                        

             3-7, 14-18, 20-24, 28,         Nappholz and Callaghan                      
             30-33, and 35-37               '900;                                       
             42, 43, 45-48, 52-57,          Nappholz and Callaghan                      
             and 59-61                      '900;                                       
             8-11 and 19                    Nappholz, Callaghan '900,                   
                                            and Mumford; and                            
             44                             Nappholz and Mumford.                       

          C.   The meaning of terms                                                     
               12. We agree with the examiner that there is an apparent                 
          inconsistency in a measured parameter that changes in one                     
          direction in response to increased stress or exercise and in                  
          an opposite direction in response to increased heart rate.                    
          Daily experience suggests an increase in stress or exercise                   
          routinely corresponds to an increase in heart rate in a                       
          normally functioning heart.  Appellants' specification                        
          discloses the depolarization gradient  lends itself to rate4                                       
          control in a closed loop because increased emotional or                       
          physical stress and increased heart rate have opposite effects                
          on this parameter.  (Paper 1 at 13.)  The specification                       
          continues, however, to explain that this effect appears when                  
          either workload or pacing rate are held constant.  (Paper 1                   



               4    The integral of the evoked potential.  (Paper 1                     
          at 1; Figs. 5 & 6.)                                                           





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