Ex parte ALFANO et al. - Page 5




          Appeal No. 97-3292                                                          
          Application 08/522,827                                                      


          step of inserting an optic probe through a hollow tube, with                
          the optic probe comprising, inter alia, an optic fiber bundle               
          and a hollow needle, the optic fiber bundle disposed coaxially              
          within the hollow needle, the hollow needle having a mirror                 
          for reflecting light transmitted to and from the optic fiber                
          bundle at approximately a 90 degree angle relative to the                   
          longitudinal axis of the optic fiber bundle and having a                    
          window through which the reflected light may pass.                          







               We turn now to the evidence of obviousness.                            


               Alfano teaches an in-vivo spectroscopy diagnosis                       
          technique or method for distinguishing cancerous tissue from                
          noncancerous tissue.  As disclosed by the patentee (column 7,               
          lines 44 through 47), instead of an endoscope 17 (Fig. 11),                 
          the probe may comprise an optical fiber bundle inside a needle              
          for use in probing, i.e., penetrating directly inside a tissue              
          such as the breast for direct optical biopsy.                               
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