Ex parte FABRIZIO - Page 10




          Appeal No. 1998-2825                                                        
          Application No. 08/595,282                                                  


               Independent claim 2 is directed to a method for                        
          monitoring the heart rate of a person including, inter alia,                
          the steps of:                                                               

               (b) electronically obtaining a target zone                             
               consisting of an upper limit and lower limit of the                    
               heart rate based on the person’s age; and                              
               (c) issuing a signal when the heart rate is outside                    
               the target zone, wherein at least one of the upper                     
               limit and the lower limit is selectively changeable                    
               by the person after obtaining the target zone in                       
               step (b). (Emphasis added).                                            
               Claim 4 is indirectly dependent on claim 1 and contains                
          the same “wherein” clause as claim 2.                                       
               Independent claim 6 is directed to an apparatus  for1                       
          monitoring the heart rate of a person including                             
                    means for displaying the measured heart rate,                     
               wherein the displaying means includes electronic                       
               circuitry for setting a target zone having an upper                    
               heart rate limit and a lower heart rate limit based                    
               solely upon inputted age of the person, wherein the                    
               displaying means is configured to allow selective                      
               change of the target zone after setting the target                     
               zone based upon inputted age.  (Emphasis added)                        
               Claim 8 is indirectly dependent on claim 5 and contains                
          the same “wherein” clause emphasized above in claim 6.                      

               Claim 6 actually reads “[a]n apparatus apparatus for monitoring”  This1                                                                     
          informality is worthy of correction upon return of the application to the   
          jurisdiction of the examiner.                                               
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