Ex Parte SVEJK - Page 2




              Appeal No. 2003-0280                                                                  Page 2                
              Application No. 09/382,120                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to a disposable medical electrode which                            
              provides extended use in a high humidity environment (specification, p. 1).  A copy of                      
              the claims under appeal is set forth in the appendix to the appellant's brief.                              


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Heath                               4,895,169                           Jan. 23, 1990                       
              Anderson et al.                     5,215,087                           June 1, 1993                        
              (Anderson)                                                                                                  
              Montecalvo et al.                   5,330,527                           July 19, 1994                       
              (Montecalvo)                                                                                                
              Meathrel et al.                     5,833,622                           Nov. 10, 1998                       
              (Meathrel)                                                                                                  



                     Claims 1 to 3, 8 and 9 stand rejected under 35 U.S.C. § 103 as being                                 
              unpatentable over Montecalvo in view of Anderson and Meathrel.                                              


                     Claims 4 to 7 stand rejected under 35 U.S.C. § 103 as being unpatentable over                        
              Montecalvo in view of Anderson, Meathrel and Heath.                                                         


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the final                          







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