Ex Parte BARNES et al - Page 8



          Appeal No. 2004-1031                                                        
          Application No. 09/448,952                                                  

          references teaches or would have suggested to the skilled artisan           
          to select a medical imaging modality based upon the descriptive             
          data.                                                                       
                                       DECISION                                       
               The decision of the examiner rejecting claims 1 through 5, 7           
          through 14, 16 through 28 and 30 through 41 under 35 U.S.C.                 
          § 103(a) is affirmed as to claims 1 through 5 and 7 through 11, and         
          is reversed as to claims 12 through 14, 16 through 28 and 30                
          through 41.                                                                 

















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