Ex parte CALLAGHAN et al. - Page 7




          Appeal No. 96-2179                                           Page 7           
          Application 07/613,466                                                        
          D.   Claims 1-18 and 19-29 of United                                          
               States Patent 4,766,900 to Callaghan                                     
               15. Callaghan '900 was filed                                             
          before the effective filing                                                   
          date of the present application and                                           
          issued to one of the named inventors                                          
          of this application.                                                          
               16. Figure 7 of Callaghan '900                                           
          is the "schematic diagram of a pacer                                          
          system constructed in accordance with                                         
          the present invention".  (3:40-41.)                                           
          This figure appears to be                                                     
          structurally very similar to Figure 7                                         
          of the present application, which is           USP 4,766,900                  
          the "more complete representation of the illustrative                         
          embodiment of the invention.  (Paper 1 at 6.)                                 
               17. The following table compares claims 19 and 25 of                     
          Callaghan '900 to claim 25 of the present application with the                
          addition of numbers from the drawings corresponding to the                    
          claimed structures:                                                           
                   SN 07/613,466                      USP 4,766,900                     
             25.   A rate-responsive         19. Cardiac pacing                         
          pacemaker 10 comprising            apparatus 10 which comprises:              







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