Ex Parte BONUTTI - Page 2




          Appeal No. 2001-0628                                                        
          Application No. 09/118,665                                                  

          the joint with a cuff while the joint is in the chamber of the              
          imaging unit and while the patient is in a seated orientation,              
          bending the joint in the patient’s body through at least a                  
          portion of a range of movement while the patient is in a seated             
          orientation with the joint in the chamber of the imaging unit and           
          with the portion of the patient’s body adjacent to the joint                
          gripped by the cuff, and imaging the joint when the joint is bent           
          to each of a plurality of positions in the range of movement of             
          the joint while the joint is in the chamber of the imaging unit             
          and while the patient is in a seated orientation.                           

                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Cook                       5,275,174               Jan. 04, 1994            
          Knuttel et al.,               67,933               Dec. 29, 1982            
          European Patent Document                                                    
          (Knuttel)1                                                                  
          Shellock, Frank G., “Patellofemoral joint abnormalities in                  
          athletes: Evaluation by kinematic magnetic resonance imaging,”              
          Topics in Magnetic Resonance Imaging, Vol. 3, No. 4, pp. 71-95              
          (1991) (Shellock)2                                                          
          The “Captain Jack” Flyers appended to a letter dated September              
          12, 1991 from Pete Sullenberger to Murray Solomon, M.D. (Captain            
          Jack)2                                                                      



               1 The record contains an English language translation of the           
          Knuttel reference submitted by the appellants on August 30, 1999            
          (Paper No. 9).                                                              
               2 The appellants submitted the Shellock and Captain Jack               
          materials in an Information Disclosure Statement filed July 17,             
          1998 (Paper No. 3) and have not challenged the examiner’s                   
          implicit determination that these materials constitute prior art            
          relative to the subject matter on appeal.                                   
                                          2                                           





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