Ex parte SPELMAN et al. - Page 14




          Appeal No. 1997-2245                                      Page 14           
          Application No. 08/402,872                                                  


               In addition, although not brought to our attention by                  
          either the examiner or appellants, we observe that Golden                   
          discloses, in the Background of the Invention, reference to                 
          U.S. Patent No. 4,809,713 to Grayzel who discloses the use of               
          a compass to determine the location of a magnet inside of a                 
          patient.  Golden states (col. 2, lines 7-29) that in Grayzel,               
          a cardiac-pacing catheter is held in place against the inner                
          heart wall of a patient by the attraction between a small                   
          magnet located in the tip of the pacing catheter and a large                
          magnet located on e.g., sewn into, the patient's chest.  The                
          compass is used to determine the best location for the large                
          magnet.  From the description of Grayzel found in the Golden                
          patent and our review of the Grayzel reference, we find that                
          the compass of Grayzel is inherently directionally sensitive                
          to movement of the small magnet within the patient.  However,               
          even though the compass could be used to detect directional                 
          movement of a magnet within a patient, we find no teaching or               
          suggestion for using the compass other than for locating the                
          small magnet which is in a fixed position within the patient's              
          chest.                                                                      









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