Appeal No. 96-2179 Page 9
Application 07/613,466
a pacing rate" to a person having ordinary skill in the art.
The same basic pulse generating circuit is taught in both
disclosures.
19. The means for comparing and means for controlling
comprise a programmed microcomputer 190. ('900 at 6:65-67.)
It is axiomatic that differently programmed microcomputers are
structurally different machines. In re Lowry, 32 F.3d 1579,
1583, 32 USPQ2d 1031, 1034-35 (Fed. Cir. 1994). On the
present facts, the question of structural equivalence seems a
bit circular given that the relevant hardware involved appears
to be identical. The difference, such as there is, between
the structures is a matter of programming, i.e., in the
process of making the same hardware function differently. No
specific programming is disclosed, only a high-level
description of the programming function. Thus, we must infer
structural equivalence from on the basis of a high-level
functional description.
20. We find that Callaghan '900's means for detecting
and integrating the cardiac event potential is the same as the
presently claimed means for ascertaining RCP. We agree with
the examiner that both the present application and
Callaghan '900 are detecting and integrating the same
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