Ex Parte Schulze et al - Page 2

                Appeal 2007-2649                                                                              
                Application 10/235,998                                                                        

                sensor in the ear of the patient and [another sensor on] the case of a data                   
                acquisition unit which is used to transmit the data in a wireless mode over                   
                the Internet” (Specification 1).  Thus, “the ear sensor . . . sends data to a                 
                waist-mounted Patient data monitor that includes a second electrode on a                      
                side adjacent the patient” (id. at 2).  The system “facilitate[s] the wireless                
                transmission of the electrocardiogram from [an] ambulatory subject” and is                    
                “non-obtrusive, since it appears to be a[n] earpiece and cell phone when in                   
                use” (id. at 3).                                                                              
                                               DISCUSSION                                                     
                1.  CLAIMS                                                                                    
                      Claims 1-5, 7-11, and 13-26 are on appeal. Claims 1 and 13 are                          
                representative, and read as follows:                                                          
                             1. A method for acquiring an electrocardiogram with                              
                      a portable patient data monitor, comprising:                                            
                                   providing a first electrode patch on a surface of                          
                             said patient data monitor;                                                       
                                   providing a second electrode patch on a surface of                         
                             an ear-emplaceable sensor, wherein said ear-emplaceable                          
                             sensor includes other sensors and said second electrode                          
                             patch provides shielding;                                                        
                                   positioning the first electrode patch adjacent a                           
                             patient's waist;                                                                 
                                   positioning the second electrode patch adjacent a                          
                             patient's ear; and                                                               
                                   connecting said first and second electrode patches                         
                             to an electrocardiogram amplifier to obtain an ECG                               
                             signal for transmission by said patient data monitor.                            
                             13. A method for acquiring and transmitting an                                   
                      electrocardiogram with a portable patient data monitor,                                 
                      comprising:                                                                             


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