Ex Parte Clasbrummel et al - Page 9




              Appeal No. 2006-0981                                                                  Page 9                 
              Application No. 10/036,618                                                                                   



              axis, and wherein the step of moving an x-ray source and a radiation receiver on a                           
              C-arm around said subject comprises moving said x-ray source and said radiation                              
              receiver on said C-arm through at least approximately 190° around said angulation                            
              axis."  Giving the representative claims their broadest, reasonable construction, the                        
              limitations require that the aforementioned C-arm has an orbital axis or an angulation                       
              axis, respectively, around which an x-ray source and receiver can be moved                                   
              approximately 190°.                                                                                          





                                             2. Obviousness Determination                                                  
                     The appellants admit "that the Ergun et al. reference is an example of a C-arm                        
              x-ray apparatus of the type which Appellants acknowledged above to be known to those                         
              of ordinary skill in the art. . . ."  (Appeal Br. at 9.)  We find that the reference's "C-arm                
              ha[s] an X-ray source and an image receptor mounted upon opposing ends to face each                          
              other along a beam axis. . . ."  Col. 16, ll. 32-34.  We also find that the reference's                      
              "C-arm may move in orbital rotation about an orbital axis," col. 16, ll. 36-37 and that an                   
              "end of the arm is pivotally attached to the collar such that the collar is rotatable relative               
              to said first arm about a collar axis," id. at ll. 52-53, i.e., its angulation axis.  Because the            
              appellants further admit that Ergun's "C-arm apparatus [is] capable of executing the                         







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