Appeal No. 2002-1893
Application No. 09/767,413
Claim 1 is the only independent claim on appeal, and it
reads as follows:
1. A combination breathing monitor alarm and audio
baby alarm comprising:
an attachable transmitter forming a main body of a
linearly elongated, pliable chest strap of a soft and
formable material that is easily wrapable about the chest of
an infant; and
a receiver housing receiver control circuitry for
receiving signals transmitted by said transmitter.
The references relied on by the examiner are:
Tao 4,862,144 Aug. 29, 1989
O’Dwyer 5,928,157 Jul. 27, 1999
Teodorescu et al. (Teodorescu) 6,011,477 Jan. 4, 2000
Claims 1, 2 and 4 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over O’Dwyer.
Claims 3 and 6 through 11 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over O’Dwyer in view of
Teodorescu.
Claim 5 stands rejected under 35 U.S.C. § 103(a) as being
unpatentable over O’Dwyer in view of Tao.
Reference is made to the final rejection (paper number 6),
the brief (paper number 8) and the answer (paper number 9) for
the respective positions of the appellants and the examiner.
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