Ex Parte Dunham et al - Page 5




          Appeal No. 2004-0643                                                        
          Application No. 09/682,211                                                  
               The appellants argue that their direct delivery of radiation           
          through a capillary tube to the affected site reduces the                   
          required radiation dose and that, therefore, a portable radiation           
          generator can be used (brief, page 6).  Because, like the                   
          appellants, Vali delivers radiation directly to the affected site           
          using a hollow fiber (col. 6, lines 38-46), Vali’s required                 
          radiation dose likewise would be relatively small and, therefore,           
          a portable radiation generator would be suitable.                           
               For the above reasons we conclude that the appellants’                 
          claimed invention would have been obvious to one of ordinary                
          skill in the art within the meaning of 35 U.S.C. § 103.                     
                                      DECISION                                        
               The rejection of claims 1, 4, 4, 5, 8-11, 13-15 and 18-23              
          under 35 U.S.C. § 103 over Vali is affirmed.                                















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