Ex parte SULLIVAN - Page 3




          Appeal No. 1998-0061                                                        
          Application No. 08/364,101                                                  

          peaks in the energy spectrum as heart and respiration rates.                
          The apparatus defined in claim 11 comprises the piezoelectric               
          pad for producing the voltage signal from the patient’s                     
          acoustic and electromechanical transmissions, the processor                 
          for calculating the energy spectrum from the pad’s voltage                  
          signal and a comparator for “comparing peaks in the energy                  
          spectrum and characterizing the peaks as heart and respiration              
          rates.”                                                                     
                 A copy of the appealed claims is appended to                         
          appellant’s brief.                                                          
                 The following references are relied upon by the                      
          examiner as evidence of obviousness in support of his                       
          rejections under 35 U.S.C. § 103:                                           
          Salem et al.        4,889,131                Dec. 26, 1989                  
          (Salem)                                                                     
          Nedivi              5,002,060                Mar. 26, 1991                  
          Fraden (UK)         2 138 144                Oct. 17, 1984                  
               Claims 1 through 8, 10 through 18 and 20 stand rejected                
          under 35 U.S.C. § 103 as being unpatentable over Fraden in                  
          view of Nedivi, and claims 9 and 19 stand rejected under 35                 
          U.S.C.                                                                      


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