Appeal No. 2003-1751
Application No. 09/179,357
an integral part of the claimed device. The functional
limitation “providing ultrasonic therapy to a breast of a patient
. . . ” recited in claim 1, for example, indicates that the
claimed device must be capable of providing ultrasonic therapy to
a breast of a patient. This functional limitation may limit, for
example, the design or the structure of the claimed device to
those capable of providing ultrasonic therapy to a breast of a
patient, but does not include the breast or the patient as part
of the claimed device. Thus, for the foregoing reasons and the
reasons well articulated by the appellants in their brief, we
reverse the examiner’s Section 101 rejection.
REVERSED
CHUNG K. PAK )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
CHARLES F. WARREN ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
JAMES T. MOORE )
Administrative Patent Judge )
CKP:hh
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