Appeal 2007-2649
Application 10/235,998
formed of material selected from stainless steel, homogeneous silver/silver
chloride, and layered silver/silver chloride.”
Conceding that Schulze and Sarbach do not disclose electrodes of
those materials, the Examiner cites Platt as disclosing “an apparatus using an
ECG electrode patch formed of material such as stainless steel or silver
chloride compound” (Answer 6-7). The Examiner concludes that one of
ordinary skill would have considered it obvious “to modify Schulze’s or
Sarbach’s inventions to have an ECG electrode formed of material such as
stainless steel or silver chloride compound as disclosed by Platt et al[.] in
order to improve accuracy of the ECG signal” (id. at 7).
We agree that one of ordinary skill viewing the teachings of Schulze,
Sarbach, Dotan, Ohtake, and Platt would have considered it desirable to use
the stainless steel or silver/silver chloride recited in claim 7 as an ECG
electrode material. As discussed above, Schulze, Sarbach, Dotan, and
Ohtake render claim 7’s apparatus obvious. Platt discloses that ECG
electrodes can be “either metallic, such as stainless steel, or formed of a
silver chloride compound” (Platt, col. 5, ll. 21-23). Thus, one of ordinary
skill acquiring an ECG from devices such as disclosed by Schulze or
Sarbach would have reasoned from Platt that stainless steel or silver chloride
would be useful as the electrode material. We therefore agree with the
Examiner that claim 11 would have been obvious over Schulze, Sarbach,
Dotan, Ohtake, and Platt.
Appellants argue that claim 11 is “allowable as depending on
allowable claim 7” (Br. 11). Appellants argues that because Platt’s
electrodes are separate from its monitor, Platt does not cure the other
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