Appeal No. 2006-0412 Παγε 13
Application No. 09/999,827
causes capacitance problems, and the solution to the problem is
to position the pickup electrodes at a stand-off location spaced
from intimate contact with surface of the body of the patient.
Nor are we persuaded by appellant’s assertion (reply brief,
page 4) that “[t]o incorporate the Brun Del Re sensor would
require the modification of these sensors in such a manner as to
preclude their ability to perform their intended use.” We fail
to see how replacing the contact electrodes of DeLuca with
standoff electrodes as in Brun Del Re would require modification
of the sensors in such a manner as to preclude their ability to
perform their intended use.
Similarly, we do not agree with appellant’s assertion (reply
brief, page 5) that:
Additionally, De Luca details specifically shaped and
configured sensors “arranged to detect a particular
biosignal.” Thus, while one could physically make such
a combination, there is no motivation to do so; it would
eliminate the benefit of this shape and arrangement
advantageously provided by and relied upon by DeLuca;
and like result in a wholly inoperative device.
Appellant has not indicated what benefits of the shapes and
configuration of the sensors of DeLuca would be eliminated if the
contact electrodes of DeLuca were replaced with stand-off
electrodes as taught by Brun Del Re, and we find nothing in the
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