Ex parte BRUCE R. BOWMAN et al. - Page 7

          Appeal No. 96-0935                                                          
          Application 08/157,737                                                      

          the operation of the cardiac monitor until the pain-mitigating              
          EMI pulse has terminated.                                                   
               Looking now to the language of claim 10, it appears to be              
          uncontroverted that Bowman clearly teaches the first three steps            
          of the claimed method.  The Bowman system differs, however, in              
          that it screens the respiratory monitor from the offending                  
          interference of cardiac artifact, which is physiologically-                 
          induced by heartbeat and blood flow through the heart, rather               
          than from "non-physiologically produced" EMI.  However, as the              
          appellants have admitted on pages 2 and 3 of their specification,           
          non-physiologically produced EMI also was known to adversely                
          affect the operation of other patient monitoring systems.  This             
          is confirmed in Brownlee and Howson, both of which provide a                
          second sensing system to detect the presence of the non-                    
          physiologically induced EMI and to act in a manner which offsets            
          its effect.                                                                 
               From our prospective, in view of the knowledge in the art at           
          the time of the appellants' invention, it would have been obvious           
          to one of ordinary skill in the art to modify the Bowman method             
          by also sensing the presence of non-physiologically produced EMI            
          and sounding an alarm in such case.  Considering that the use of            
          a second alarm system is taught by Bowman, suggestion for this              


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