Ex Parte Clasbrummel et al - Page 10




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



              necessary range of angular movements so as to allow the acquisition of data for the                          
              production of a 3D image," (Appeal Br. at 9), and the reference discloses that its "C-arm                    
              collar 52 support[s] the arcuate C-arm 56 curving through an approximately 180 degree                        
              arc," col. 5, ll. 59-60, we further find that its x-ray source and receiver can be moved                     
              approximately 190° around the orbital axis and angulation axis.                                              


                     Ergun also discloses numerous advantages to its C-arm.  For example, the arm                          
              "provide[s] increased articulation in the C-arm support structure," col. 2, l. 23-24; it                     
              "minimize[s] unintended movement of the C-arm," id. at ll. 36-37; it "permit[s] a                            
              reduction of size and weight of the C-arm assembly," id. at ll. 45-46; and it "provide[s]                    
              an additional degree of freedom of positioning of the C-arm. . . ."  Id. at ll. 54-55.  Other                
              advantages are disclosed in columns 1 and 2 of the reference.  We find that these                            
              advantages would have motivated those skilled in the art to use such a C-arm to                              
              perform 3D imaging.  Therefore, we affirm the rejection of claims 7 and 8 and of                             
              claims 9 and 10, which respectively fall therewith.                                                          


                                                   III. CONCLUSION                                                         
                     In summary, the rejection of claims 1-10 under § 103(a) is affirmed.                                  
              "Any arguments or authorities not included in the brief will be refused consideration by                     
              the Board of Patent Appeals and Interferences. . . ."  37 C.F.R. § 1.192(a).  Accordingly,                   







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