Appeal No. 2004-1097
Application No. 09/924,831
viewing," as recited in each of independent claims 1, 15, and 17.
The operator in Dewaele merely identifies and labels the medical
images, all of which are to be viewed later in another location.
The examiner, in responding to appellants' arguments,
asserts that Dewaele "does retrieve and use images stored in
diagnosing or analyzing patient data (Col.5, line 44-Col.6, line
6), and transcribing it. Dewaele identifies medical images
through speech recognition by accessing them when needed from a
storage database, identifiable using the patient's particulars."
However, the portion relied upon by the examiner merely states
that voice processing is useful for identification in a radiology
department of a hospital. Dewaele specifies at the top of column
6 that the voice processing is for inputting examination type,
image destination type, patient's birthday, sex, and index, image
layout parameters, and the number of hardcopies requested.
Dewaele further states (column 6, lines 43-46) that data
identifying a medical image are input to an identification
station and then transferred to the memory on the cassette where
the image is stored. Nowhere does Dewaele teach or suggest that
the voice commands inputting identifying information select an
image for display. Consequently, we cannot sustain the
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