Appeal No. 1999-2784
Application No. 08/608,440
presentation. It is not clear to us what the examiner relies
on in the applied references for the teaching or suggestion of
this limitation.
The examiner’s citation of references showing general
measurement of brain waves, without any specific showing as to
how the claimed elements correspond to those of the
references, especially where the instant claims appear to
recite many elements which are not apparent from the applied
references, does not constitute a prima facie showing of
obviousness of the instant claimed subject matter.
The examiner’s decision rejecting claims 1-22 under
35 U.S.C. 103 is reversed.
REVERSED
ERROL A. KRASS )
Administrative Patent Judge )
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PARSHOTAM S. LALL ) BOARD OF PATENT
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