Appeal No. 2004-0643
Application No. 09/682,211
1. A method for delivering radiation directly to a target
within a patient, the target being tissue having a
malignant pathology, said method comprising the steps
of:
generating radiation from a portable source;
collecting radiation generated from said portable
source;
coupling collected radiation to a capillary tube
system;
delivering coupled radiation directly to the
target through the capillary tube system.
THE REFERENCE
Vali et al. (Vali) 4,122,342 Oct. 24, 1978
THE REJECTION
Claims 1, 4, 4, 5, 8-11, 13-15 and 18-23 stand rejected
under 35 U.S.C. § 103 as being unpatentable over Vali.
OPINION
We affirm the aforementioned rejection.
The appellants state that the claims stand or fall
separately (brief, page 4). The appellants, however, do not
separately argue the patentability of any claim. Consequently,
the claims stand or together. See In re Ochiai, 71 F.3d 1565,
1566 n.2, 37 USPQ2d 1127, 1129 n.2 (Fed. Cir. 1995); 37 CFR
§ 1.192(c)(7)(1997). We therefore limit our discussion to one
claim, i.e., claim 1.
2
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