Appeal No. 2003-0303
Application 09/096,521
Chance WO 96/20638 July 11, 1996
(Published International application)
In addition to the above-noted prior art
references, the examiner has also relied upon applicants’
admission of prior art (hereinafter the APA) set forth on
pages 1 and 2 of the specification in the “Background of the
Invention” section, particularly the concession relating to
the known use of INTRALIPID® in medical optical imaging to
simulate the optical absorption and scattering character-
istics of breast tissue.
Claims 1, 3 through 7 and 9 through 11 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over
Nelson in view of Chance and the APA.
Claims 2 and 8 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Nelson in view of Chance
and the APA as applied to claim 1 above, and further in view
of Madsen.
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