Appeal No. 96-2179 Page 11
Application 07/613,466
22. Callaghan '900 claims modifying pacing according to
a target instead of the measured parameter. (Claim 25.)
Certainly the approaches of claims 19 and 25 could be combined
for the benefits taught in Callaghan '900 at 2:54-3:7.
Callaghan '900 is, broadly conceived, self-adapting with
respect to the target. The question, however, is whether it
is structurally similar to the claimed self-adapting closed-
loop control means. For this to be true, the presently
claimed self-adapt means would have to be programmed in a
manner that is substantially a combination of the comparing
means and controlling means of Callaghan '900's claims 19
and 25. Callaghan '900 sets forth its algorithms at Figs. 8a-
9b. Although there are several ways that a person having
ordinary skill in the art might combine these algorithms, at
best, there is no suggestion of the "tweeking" indicated in
Fig. 18 of the present application. Consequently, we agree
with Appellants that the pending claims differ in their
treatment of the target value adjustment. (Paper 18 at 15-
16.)
23. These findings are equally applicable to the steps
of claim 49 as well.
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