Ex parte ALTSCHULER et al. - Page 7

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

                    the patient.  This, by definition, would                          
                    constitute monitoring the mu wave.                                

                    For the reasons aptly stated by appellants in their               
          brief (pages 6-13), and particularly, in their reply brief, we              
          find the examiner's above-noted reasoning and conclusion of                 

          obviousness to be in error.  Appellants claim a method of                   
          measuring one particular brain wave of the apparently several               
          different brain waves that exist in the 8-13 Hz frequency range             
          and controlling that particular brain wave (the mu wave) in a               
          defined manner to produce a particular result (i.e., a binary               
          control signal derived from the changes of the mu wave above and            
          below a predetermined threshold level).  Nothing in Ross alone,             
          or in combination with the other references applied by the                  
          examiner, teaches or suggests appellants' claimed method.                   
          Contrary to   the examiner's position, neither Ross nor Settle              
          teaches or suggests monitoring or use of the mu wave in the                 
          manner defined in claims 1 through 5, 7 through 17, 21 and 22 on            
          appeal.  As urged by appellants, it appears clear that Ross, like           
          Settle,   is dealing with alpha waves.  As pointed out by                   
          appellants in paragraph (4) on pages 1-2 of their reply brief,              


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