Ex Parte TAKEO et al - Page 6




          Appeal No. 1999-2069                                                        
          Application 08/397,639                                                      

          Merrell Dow and Pharmaceuticals, Inc. , 800 F.2d 1208, 1210-11              
          (D.C. Cir. 1986) ("We generally will not entertain arguments                
          omitted from an appellant's opening brief and raised initially in           
          his reply brief. . . .  Considering an argument advanced for the            
          first time in a reply brief, then, is not only unfair to an                 
          appellee, . . . but also entails the risk of an improvident or              
          ill-advised opinion on the legal issues tendered.").  The                   
          Examiner was not permitted to file a supplemental examiner's                
          answer under the new rules, 37 CFR § 1.193(b(1), effective                  
          October 10, 1997, and it would be unfair to permit Appellants to            
          present arguments to which the Examiner could not respond.                  
               Because the claims are grouped to stand or fall together               
          with claim 1, the only issue is whether claim 1 is patentable               
          over Kano in view of Smilansky or Frankot.                                  


          Obviousness                                                                 
               Kano teaches image registration (alignment of two images) of           
          two radiation images so that the images can be subjected to                 
          subtraction processing (e.g., col. 5, lines 60-64; Fig. 1B);                
          thus, Kano teaches the limitations of the preamble of claim 1.              
          Kano teaches that the nonlinear warping (transformation) is                 
          performed based on local matchings of a number of small regions             
          of interest (ROIs) at corresponding locations in the two images             
          (e.g., col. 5, lines 64-67), so the following steps are performed           

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