Ex Parte Gagnon et al - Page 4




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


          and concludes that it would have been obvious to provide a                  
          collimator comprising a SPECT collimator side-by-side with an               
          optional transmission collimator and segment selector circuitry             
          in the gamma camera of Hasegawa “in order to obtain sequential or           
          simultaneous recording of both emission and transmission data               
          with a single detector having a single collimator...” (answer-              
          page 6).                                                                    
               We will not sustain the rejection of claim 28 under 35                 
          U.S.C. §103 since, in our view, the examiner has failed to                  
          provide a prima facie case of obviousness.                                  
               Claim 28 requires that the detector head has a radiation               
          receiving face that is segmented into “side-by-side first and               
          second portions,” wherein a transmission radiation source is                
          disposed across an examination region from the first portion and            
          a SPECT (single-photon emission computed tomography) collimator             
          is mounted to the second portion.                                           
               Even by the examiner’s apparent admission, Hasegawa lacks              
          these features.  The examiner’s reliance of N’Guyen to provide              
          this deficiency of Hasegawa is misplaced because N’Guyen does not           
          teach or suggest a detector head having the distinct first and              
          second portions required by claim 28.  Rather, N’Guyen is                   
          concerned with providing various regions of a collimator, with              

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