Appeal 2007-2649
Application 10/235,998
In the instant case the Specification states:
The present invention is usable with and related to the
co-inventor’s U.S. Patents 5,673,692 and 6,443,890 . . . , as
applied to generalized acquisition and transfer of data to central
Internet databases. The invention allows the transduction of a
clinically relevant lead of the electrocardiogram using the
location of the multi-variable, single-site sensor that was
described in U.S. Patent 5,673,692 combined with the modified
case the Patient data monitor which has previously been
described U.S. Patent 6,443,890.
(Specification 1.)
However, the Specification also states that “[o]bviously, the same
invention is useful independent of the multi-variable sensor and the wireless
communication capabilities of the Patient data monitor” (id. at 2). Thus,
although the Specification discloses that the instant application’s
electrocardiogram system and methods are compatible with the “patient data
monitor” of the ‘890 patent, the Specification does not limit the “patient data
monitor” to that disclosed by the ‘890 patent.
Moreover, we do not see, and Appellants do not point to, any specific
definition of “patient data monitor” that distinguishes between the various
parts and components of the device, such that one skilled in the art would
exclude the belts of the patient data monitors of Dotan and Sarbach from
being parts of the overall devices. We therefore agree with the Examiner
that, when given its broadest reasonable interpretation consistent with the
Specification, the recitation “electrode patch on a surface of said patient data
monitor” encompasses devices that have electrodes on the surface of any
component or part of the device, including the belts of the patient data
monitoring devices disclosed by Sarbach and Dotan.
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