Appeal No. 2004-2044
Application No. 09/476,708
VIII. Whether the Rejection of Claims 76-78 Under
35 U.S.C. § 103 is proper?
It is our view, after consideration of the record before us,
that the evidence relied upon and the level of skill in the
particular art would not have suggested to one of ordinary skill
in the art the invention as set forth in claims 77-78.
Accordingly, we reverse.
With respect to dependent claim 77, we note that the
Examiner has relied on Official Notice solely to teach "a
managing module within . . . the institution" [answer, page 14].
The Official Notice in combination with Wood et al. fails to cure
the deficiencies of Wood et al. noted above with respect to claim
74. Therefore, we will not sustain the Examiner's rejection
under 35 U.S.C. § 103 for the same reasons as set forth above.
Other Issues
Should there be further prosecution of this application, we
direct the Examiner's attention to:
A) Column 3, line 55, through column 4, line 42, of Stark et al.
U.S. Patent 6,371,123 which teach selection of a medical protocol
based on image and text data; and
B) Figures 29 and 30 of Hoium et al. U.S. Patent 5,951,484 which
teach selection of medical protocol steps from a list.
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