Ex parte CALLAGHAN et al. - Page 14




          Appeal No. 96-2179                                          Page 14           
          Application 07/613,466                                                        
                                             means 50 responsive to the                 
                                             failure to sense an evoked                 
                                             potential following the                    
                                             generation of a pacing pulse               
                                             for controlling the                        
                                             generation of a back-up                    
                                             pacing pulse.                              

               27. We find that means for generating pacing pulses at a                 
          pacing rate is implicit in a rate-responsive pacemaker.  The                  
          means 50 is not disclosed or claimed in sufficient detail to                  
          move it beyond what would have been known to a person having                  
          ordinary skill in the art at the time of the invention.                       
               28. The disclosures of the present application and                       
          Callaghan '497 are substantively identical.  The                              
          correspondences indicated below span the entire specification                 
          excluding the claims:                                                         
                         SN 07/613,466           USP 4,878,497                          
                      Paper 1 (page:line)        (column:line)                          
                           1:8-3:31                2:26-3:61                            
                            4:2-31                 3:62-4:27                            
                           4:33-6:25               1:11-2:16                            
                           6:26-65:6              4:28-36:62                            
          The only apparent differences lie in the ordering of the text,                
          the introduction, the stated objective, and some of the                       








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