Ex parte MOTTI et al. - Page 6

          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                 

                               REMAND TO THE EXAMINER                                 

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