Ex parte SWANSON et al. - Page 3




          Appeal No. 2000-0324                                       Page 3           
          Application No. 08/763,874                                                  


                                     BACKGROUND                                       
               The appellants' invention relates to systems and methods               
          for sensing temperature within the body (specification, p. 1).              
          A copy of the claims under appeal is set forth in the appendix              
          to the appellants' brief.                                                   


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Khalil                   4,240,441                     Dec. 23,             
          1980                                                                        
          Desai et al.             5,383,917                     Jan. 24,             
          1995                                                                        
          (Desai)                                 (filed July 5, 1991)                



               Claims 31-41, 44-49 and 56-61 stand rejected under 35                  
          U.S.C. § 103 as being unpatentable over Desai in view of                    
          Khalil.                                                                     


               Rather than reiterate the conflicting viewpoints advanced              
          by the examiner and the appellants regarding the above-noted                
          rejection, we make reference to the final rejection (Paper No.              
          20, mailed March 28, 1998) and the answer (Paper No. 27,                    








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