Appeal No. 1998-2825
Application No. 08/595,282
We AFFIRM-IN-PART.
The appellant's invention relates to a method and an
apparatus for monitoring the heart rate of a person. An
understanding of the invention can be derived from a reading
of exemplary claims 1 and 2 which appear in the appendix to
appellant's substitute brief filed August 1, 1997 (Paper No.
9).
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Brink et al. (Brink) 4,788,983 Dec. 6,
1988
Crossing et al. (Crossing) 5,458,548 Oct. 17,
1995
(filed Nov. 29,
1993)
The appealed claims stand finally rejected under 35
U.S.C. § 103(a) on the following grounds:
(1) Claims 1, 3, 5, 7 and 9, unpatentable over Crossing; and
(2) Claims 2, 4, 6 and 8, unpatentable over Crossing in view
of Brink.
Rejection (1)
-2-
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