Appeal No. 1997-3098
Application 08/377,776
a disclosure of sequentially providing a plurality of phase
offset driving signals to both probes of the monitor (brief,
pages 7-8).
The examiner’s argument that Tucci ‘598 would have
suggested using out-of-phase pulses in Birdsong’s system to
obviate problems relating to electrode probe contamination and
electrolysis deterioration (col. 1, lines 60-63) is not
persuasive because the reason why this benefit is obtained,
Tucci ‘598 teaches, is that an AC signal is used rather than a
DC
potential and bridge (col. 2, lines 42-48). As argued by the
examiner, the reference also teaches that the output of
comparator 39 is changed to be 180E out of phase with the
input to probe 27. However, the examiner has not explained
why this change in phase, rather than the use of AC rather
than DC, is what the reference discloses as providing the
benefit regarding decreased electrode probe contamination and
electrolysis deterioration. Thus, it is not apparent why a
teaching of changing the phase of the output of a comparator
-5-5
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