Ex parte SULLIVAN - Page 6




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

          for providing a display of the patient’s cardiac and                        
          respiratory activity (see page 3, lines 55-62 of the Fraden                 
          specification).  Thus, as far as claims 1 and 11 are                        
          concerned, Fraden merely lacks an express disclosure of the                 
          particular type of analyzing or monitoring device that                      
          produces spectral peaks to represent the patient’s heartbeat                
          and respiration rates.                                                      


               The Nedivi reference also discloses a method and                       
          apparatus for monitoring a patient’s heartbeat and respiration              
          rates to indicate such conditions as apnea and cardiac failure              
          (see column 3, lines 41-47 of the Nedivi specification).  In                
          Nedivi’s system a circuit B is responsive to piezoelectric                  
          transducers to produce an analog voltage signal having                      
          components representing the patient’s heartbeat and                         
          respiration rates.  The analog voltage signal is converted                  
          into a digital signal by an analog-to-digital converter C, and              
          the resulting digital signal is processed by a Fourier                      
          transform microprocessor F to recover and analyze the signal                
          components representing the patient’s heartbeat and                         
          respiration rates (see column 3, lines 23-29 of the Nedivi                  

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