Appeal No. 1997-1479
Application No. 08/418,579
The Parker patent does not address an automatic
defibrillator simulator or method that provides an automatic
defibrillator simulator. As to the Morgan reference, it does
not specifically concern itself with an automatic
defibrillator simulator but instead teaches a portable
defibrillator which produces a medically appropriate
defibrillation shock (pulses of energy at electrode pads).
From our perspective, akin to appellants’ point of view
(brief, page 9), the rejection on appeal is not sound in that
it clearly requires reliance upon appellants’ own teaching of
an automatic defibrillator simulator and impermissible
hindsight to combine the Parker and Morgan disclosures such
that an automatic defibrillator simulator and method
(requiring an automatic defibrillator simulator) is effected,
as now set forth in respective claims 15 and 16. Since the
evidence itself would not have been suggestive of the claimed
subject matter, the rejection of appellants’ claims must be
reversed.
REMAND TO THE EXAMINER
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