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. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007