Appeal No. 2006-2638
Application No. 10/095,616
the Aconnection@ the examiner finds to be Aattached or affixed@ to the endoscope is the
wireless connection between camera head 3 and camera control unit 1 as depicted in
Figure 2.1
We agree with appellants that the wireless connection between camera control
unit 1 and camera head 3 (which can be affixed to endoscope 7) fails to meet the
requirement of the claimed transponder/transceiver for transmitting and receiving first
data being Aaffixed to the endoscope.@ While Aaffix@ may be considered as Aattached in
any way,@ the relevant meaning of Aattach@ is Ato make fast (as by tying or gluing). . . .@
Webster=s Ninth New Collegiate Dict. 113 (1990) (copy attached). The recitation
Aaffixed to the endoscope@ thus requires physical contact between the
transponder/transceiver and the endoscope, which is not met by Upton. We therefore
do not sustain the rejection of claims 26-28, 30, 31, and 38 under 35 U.S.C. ' 102 as
being anticipated by Upton.
Upton and Kura have been applied against claims 1-11, 13-25, 29, and 32-37 in
a rejection for obviousness under 35 U.S.C. ' 103.
1 The examiner might be referring to light guide 102 that extends from lightsource 204 to endoscope 7.
However, Upton does not describe camera control unit 1 as being affixed to lightsource 204, which is affixed to
endoscope 7. Although camera control unit 1 and lightsource 204 may be functionally related as suggested by the
dotted outline in Figure 2, lightsource 204 is attached to camera head 3 and endoscope 7 while camera control unit 1,
with power supply 12, is electrically isolated from endoscope 7. Upton col. 2, l. 64 - col. 3, l. 7; Figs. 1 and 6.
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