Ex parte ALTSCHULER et al. - Page 8




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



          the examiner's conclusion (answer, page 9) that "the mu wave is             
          the alpha wave produce[d] by the motor cortex region of the                 
          brain" is simply incorrect.  Our review of the Anderson and                 
          Prichep patents additionally relied upon by the examiner reveals            
          nothing which would supply the deficiencies in the teachings of             
          Ross and Settle noted above.                                                


                    Based on the foregoing, the decision of the examiner              
          rejecting claims 1 through 5, 7 through 17, 21 and 22 under                 
          35 U.S.C.  103 is reversed.                                                


                                      REVERSED                                        




                         IAN A. CALVERT               )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF PATENT            
                         WILLIAM E. LYDDANE           )     APPEALS AND               
                         Administrative Patent Judge  )    INTERFERENCES              
                                                       )                              
                                                       )                              
                                                  )                                   
                         CHARLES E. FRANKFORT         )                               
                         Administrative Patent Judge  )                               


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