Appeal No. 2006-0412 Παγε 11
Application No. 09/999,827
drawbacks, as set forth, supra. We further find that to avoid
the problems associated with using high capacitance, the
electrodes should be positioned at a stand-off location, spaced
from intimate contact with the surface of the body. Turning to
Ferguson, we note that the reference does not have dry electrodes
that directly contact the body of the patient. Rather, the
hydrogel and adhesive layers are placed over the electrodes (col.
9, lines 16-21). Because Ferguson does not disclose the use of
dry electrodes pressed directly against the patient’s body, we
find no suggestion of modifying Ferguson in light of the
teachings of Brun Del Re.
However, as shown in figure 3b of DeLuca, the electrodes 51
extend though slots in the adhesive layer and contact the body of
the patient. In view of the disclosure of Brun Del Re of
replacing dry electrodes that contact the body of the patient
with stand-off electrodes to overcome the problems associated
with high capacitance, we find that an artisan would have been
motivated to replace the contact electrodes of DeLuca with the
stand-off electrodes of Brun Del Re. We note that claim 1
requires that the substrate have an adhesive backing, and that
Brun Del Re discloses that adhesives should be avoided. However,
from the additional disclosure of Brun Del Re (page 27) that the
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