Ex Parte Thompson - Page 2



          Appeal No. 2006-0412                                        Παγε 2                          
          Application No. 09/999,827                                                                  

          pick-up electrode may be positioned at a “stand-off” location,                              
          spaced from intimate contact with the surface of the body                                   
          (specification, page 10).                                                                   
          Claim 1 is representative of the invention, and is reproduced as                            
          follows:                                                                                    
               1. A non-tissue contacting electrode monitor system for                                
          sensing physiologic signals from a patient, the system                                      
          comprising:                                                                                 
               a flexible substrate with electronic sensors having data                               
          storage and a communication module incorporated thereon; and                                
               at least one electrode operably positionable at a location                             
          spaced from intimate contact with a surface of the patient’s                                
          body;                                                                                       
               said substrate having an adhesive backing to enable                                    
          wearability by the patient for sensing the physiologic signals                              
          via said at least one electrode when operably positioned at said                            
          spaced location and for storage in said data storage and                                    
          transmission, to a remote location from the patient, via said                               
          communication modules.                                                                      
               The prior art references of record relied upon by the                                  
          examiner in rejecting the appealed claims are:                                              
          DeLuca et al. (DeLuca)  6,238,338        May  29, 2001                                      
          Ferguson et al. (Ferguson) 6,454,708        Sep. 24, 2002                                   
          (filed Jun. 9, 2000)                                                                        
          Brun Del Re      WO 01/16607        Mar.  8, 2001                                           
               Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as being                            
          unpatentable over Ferguson in view of Brun Del Re.                                          















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