Ex parte ALBERY et al. - Page 2




                 Appeal No. 1998-2854                                                                                     Page 2                        
                 Application No. 08/500,278                                                                                                             




                          We REVERSE and enter a new rejection pursuant to 37 CFR                                                                       
                 § 1.196(b).                                                                                                                            


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a system for                                                                             
                 enhancing blood flow to and from the heart during                                                                                      
                 cardiopulmonary resuscitation of a patient.  An understanding                                                                          
                 of the invention can be derived from a reading of exemplary                                                                            
                 claim 1, which appears in the appendix to the appellants'                                                                              
                 brief.                                                                                                                                 


                          The prior art references of record relied upon by the                                                                         
                 examiner (i.e., the applied prior art) in rejecting the                                                                                
                 appealed claims are:                                                                                                                   



                          2(...continued)                                                                                                               
                 (Paper No. 5, mailed November 26, 1996) states that claims 1-9                                                                         
                 are rejected, the detailed action (pp. 2-4) thereof only sets                                                                          
                 forth rejections of claims 1 -7.                                                                                                       
                          3While the examiner has approved entry of the amendment                                                                       
                 after final rejection (Paper No. 6, filed March 3, 1997), we                                                                           
                 note that this amendment has not been clerically entered.                                                                              







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