Appeal No. 2004-0358 Page 2
Application No. 08/997,748
image enhancing agent to a patient in conjunction with an NMR measurement in the
blood stream, wherein the agent comprises a physiologically compatible magnetic
material in particulate form, complexed with a complexing agent.
95. A method for imaging the blood stream, comprising administering an NMR
image enhancing agent to a patient in conjunction with an NMR measurement in the
blood stream, wherein the agent comprises a physiologically compatible magnetic
material in particulate form, complexed with an alkali-pretreated polysaccharide.
The Prior Art References
In rejecting the appealed claims under 35 U.S.C. § 103(a), the examiner relies
on the following prior art references:
Jacobsen et al. (Jacobsen) 4,863,715 Sep. 5, 1989
Suzuki 4,885,537 Dec. 5, 1989
(filing date Feb. 1, 1989)
The Rejections
Claims 94 through 96 and 100 through 118 stand rejected (1) under 35 U.S.C.
§ 112, first paragraph, as based on a specification which does not provide adequate,
written descriptive support for the invention now claimed; and (2) under 35 U.S.C.
§ 103(a) as unpatentable over the combined disclosures of Jacobsen and Suzuki.
Deliberations
Our deliberations in this matter have included evaluation and review of the
following materials: (1) the instant specification, including all of the claims on appeal;
(2) applicants’ Appeal Brief (Paper No. 39) and the Reply Brief (Paper No. 41);
(3) the Examiner’s Answer (Paper No. 40); (4) the above-cited prior art references; and
(5) the Ebert Declaration, filed under the provisions of 37 CFR § 1.132, executed
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