Ex parte ALTSCHULER et al. - Page 6

          Appeal No. 96-2635                                                          
          Application 07/993,050                                                      

                    On page 9 of the examiner's answer, the examiner                  
          indicates that                                                              
                    [t]he examiner concedes that Ross et al does                      
                    not explicitly state or suggest the                               
                    monitoring of the mu wave.                                        
          In addition, the examiner urges that it has never been a                    
          contention by the examiner that Ross discloses the measurement of           
          the mu wave.  Instead, it is the examiner's position that                   
                    Ross et al does measure and monitor the brain                     
                    waves emanating from the motor cortex region                      
                    of the brain, but Ross et al is silent on the                     
                    frequencies over which the waves are                              
                    monitored.  Since the mu wave involves                            
                    measuring the 8-13 Hz brainwaves emanating                        
                    from the motor cortex, Ross et al fails to                        
                    show all claimed features.  Ross et al only                       
                    shows the location of brain waves.  This                          
                    deficiency is filled by the teaching                              
                    reference, Settle et al (U.S. Pat. No.                            
                    4,013,068, referred to by the appellant as                        
                    “Settle”).  Settle et al, as discussed in the                     
                    body of the above rejection, teaches using                        
                    the 7.5-13 Hz brain waves for teaching mind                       
                    control.  Since mind control is the primary                       
                    concern of Ross et al (and the primary                            
                    concern of the present inventors) it is the                       
                    position of the examiner that it would have                       
                    been obvious to one having ordinary skill in                      
                    this art to utilize this range when using the                     
                    device and method of Ross et al since Ross et                     
                    al is silent on the frequency of use and                          
                    since mind control is of import  to the Ross                      
                    et al objectives.  The resulting device and                       
                    method would then monitor the  7.5-13 Hz                          
                    brainwaves emanating from the motor cortex of                     


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