Ex Parte Ganin - Page 5



          Appeal No. 2004-1002                                                        
          Application No. 09/682,001                                                  

          to its initial HOME position after being placed at the center               
          position.  We agree with appellant that while the HOME position             
          may be either at the head or the foot of the patient, the                   
          reference does not teach that the HOME position changes during              
          multiple exposures.                                                         
               The examiner sets forth the following rationale at page 8 of           
          the answer:                                                                 
               When acquiring a series of medical images it is                        
               essential to perform the imaging as quickly as possible                
               because movement of the patient or movement of organs                  
               within the patient during the procedure could result in                
               faulty images and erroneous diagnosis. For this reason,                
               it is common practice to minimize scan time by scanning                
               a patient alternately beginning at opposite ends of the                
               table (ie the end of one scan is the beginning of the                  
               next scan).  To always start a scan from the head end                  
               of the table as appellant argues Khutoryansky does                     
               would take twice as much time and would likely yield                   
               misleading images.                                                     
          However, while the examiner’s reasoning has a certain logical               
          appeal, it is in contradistinction to the specific teaching of              
          Khutoryansky of returning the system to the center position after           
          each tomographic exposure.                                                  
               Since claims 6 and 7 depend on, and further limit, claim 1,            
          we will also not sustain the examiner’s rejection of claims 6 and           
          7 under 35 U.S.C. § 103.                                                    


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