Appeal No. 1998-2806
Application No. 08/459,721
exactly what is a tactile response that is substantially the
equivalent of the tactile response of a normal human breast,
as set forth in claims 21 and 24 on appeal and the claims
which depend therefrom. In this regard we note that the
tactile response of a normal human breast is itself a variable
quantity depending on factors such as the age of a patient,
breast size, fitness level of the patient, etc., and this is
before we further qualify the tactile response by indicating
that it need only be "substantially the equivalent" of the
tactile response of a normal human breast. See, for example,
Ex parte Brummer,
12 USPQ2d 1653, 1655 (Bd. Pat. App. & Inter. 1989).
In light of the foregoing, the decision of the examiner
is reversed.
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