Ex Parte Gagnon et al - Page 3




          Appeal No. 2004-0586                                                        
          Application No. 09/710,395                                                  


               The examiner relies on the following references:                       
          Hasegawa et al. (Hasegawa) 5,376,795       Dec.  27, 1994                   
          N’Guyen                    5,917,189       Jun.  29, 1999                   
          Kaplan                     WO 91/00048     Jan.  10, 1991                   
          (Published World Intell. Prop. Org. Application)                            
               Claims 1-4, 6, 8, 9, 11-17, 19-26 and 28-30 stand rejected             
          under 35 U.S.C. §103.   As evidence of obviousness, the examiner            
          cites Hasegawa and N’Guyen, adding Kaplan to this combination               
          with regard to claims 1-4, 6, 8, 9, 11-17, 19-26, 29 and 30.                
               Reference is made to the briefs and answer for the                     
          respective positions of appellants and the examiner.                        
                                       OPINION                                        
               With regard to independent claim 28, the examiner applies              
          Hasegawa by asserting that Hasegawa teaches essentially                     
          everything but that “the SPECT collimator and the optional                  
          transmission collimator are positioned (e.g., mounted) side-by-             
          side to the radiation receiving face wherein the radiation                  
          receiving face portion under the optional transmission collimator           
          is designated as a first region and the radiation receiving face            
          portion under the SPECT collimator is designated as a second                
          region” (answer-page 6).  The examiner then turns to N’Guyen to             
          supply a teaching of a collimator having a first and second                 
          region with each region comprising different collimator types,              

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