Ex Parte BONUTTI - Page 10




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

          and 71 depend), 75 and 88, relating to the gripping and bending             
          steps, to the limitations in claim 69 relating to the step of               
          simulating joint loading by applying a tractive force, or to the            
          limitations in claim 88 relating to the step of positioning a               
          joint in a chamber of the imaging unit by maintaining the imaging           
          unit stationary and moving the patient along the upright central            
          axis of the unit.  The examiner’s reliance on Shellock, Captain             
          Plastic and/or Cook to cure these shortcomings in Knuttel is not            
          well founded.                                                               
               Shellock discloses the practice of using kinematic MRI                 
          techniques on patients in prone or supine positions to analyze              
          knee joints flexed through a specific range of motion.                      
               The Captain Jack flyers broadly, and somewhat ambiguously,             
          disclose positioning devices for use in kinematic MRI studies of            
          wrists, ankles and knees.  The letter to which the brochures are            
          appended suggests that these positioning devices would be used on           
          patients lying in prone or supine positions.                                
               Cook discloses a method of assessing the physiological state           
          of body joint by moving the joint against resistance through a              
          range of motion and measuring electrical activity in the muscles            
          controlling the joint.  As shown in Figures 1 and 2, an exemplary           
          embodiment of this method involves a cradle 1 into which the                


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