Appeal No. 97-2739
Application No. 08/210,757
the term "surround" which is "to cause to be encircled on all or
nearly all sides" (reply brief, page 2).
The examiner has not provided any response or cogent
line of reasoning disputing the appellants' position. Moreover,
we agree entirely with the appellants' position as expressed
above, that the substrate portion is not "upstanding from
surrounding substrate" in the manner recited in appealed claim 1,
and we conclude that the biosignal electrode of Ding fails to
include every element recited in appealed claim 1. Thus, we
cannot sustain the examiner's rejection of appealed claim 1 under
35 U.S.C. § 102(b). Furthermore, we also find nothing in the
patent to Howson applied in the rejection of appealed claims 5
and 7 under § 103 which would supply the deficiencies of Ding
noted above. Therefore, we also cannot sustain the examiner's
rejection of these claims under 35 U.S.C. § 103.
Accordingly, the decision of the examiner rejecting
claim 1 under 35 U.S.C. § 102(b) and rejecting claims 5 and 7
under 35 U.S.C. § 103 is reversed.
REVERSED
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