Appeal No. 2001-0837
Application No. 09/131,177
Cosman discloses a collimator in which jaws 601, 602 and 603
on three different levels 640, 620 and 630, respectively, are
rotated independently about axis 690 to control the radiation
striking spot 608 (Figure 6; column 5, lines 29 through 57).
Appellant argues (brief, pages 7 and 8) that:
Thus, even if the rotation of Cosman were applied with
Klasen, et al., Appellant respectfully submits that all
of the layers of the Klasen, et al. device would be
rotatable based on the Cosman device (e.g., see Figure
6). In contrast, Appellant recites rotation of one
layer (the second layer) to achieve an arrangement of
the first layer and second layer that ranges from
parallel to perpendicular.
Appellant respectfully submits that Klasen, et al.
in view of Cosman fails to teach, show, or suggest
Appellant’s recited invention . . . .
We agree with appellant’s arguments. Even if we assume for
the sake of argument that it would have been obvious to one of
ordinary skill in the art to apply the rotation teachings of
Cosman to Klasen, the modified teachings of Klasen would only
require the plates 23 within each of the holding yokes 24a
through 24e to rotate about the holding yokes (Figure 2; column
4, lines 45 through 62). Nothing in the combined references
teaches or would have suggested to the skilled artisan to rotate
one holding yoke with respect to another holding yoke (claims
1 through 3, 5 through 11 and 13 through 16) to achieve an
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