Appeal No. 2006-0412 Παγε 12
Application No. 09/999,827
pickup electrode need not be tightly fixed at a specific location
on the skin, we find that although adhesives should be avoided,
Brun Del Re does not preclude the use of adhesives, and that
adhesives are acceptable.
We are not persuaded by appellant’s assertion (brief,
page 4) that aside from Brun Del Re’s disclosure of a field
sensor spaced from the patient’s body, the reference has no
relevance to the references or to the claimed invention. As we
found, supra, Brun Del Re recognizes the capacitance problems
associated with having electrodes directly contact the patient’s
body. Brun Del Re’s recognition of the solution to the problem is
therefore relevant to the disclosure of DeLuca and the claims by
Brun Del Re’s disclosure of solving the capacitance problem by
spacing the electrodes from direct contact with the patient, by
spacing the electrodes from the body through thin layers of
clothing.
We are not persuaded by appellant’s assertion (id.) that the
only motivation is the examiner’s hindsight and the examiner’s
desire to craft a rejection using the present claims as a
roadmap. As we stated, supra, the motivation to combine the
teachings of the references stems from the recognition by Brun
Del Re that having the electrodes contact the patient’s body
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