Appeal No. 2005-2414 2
Application No. 10/241,763
Claim 1 is illustrative of the claimed invention, and it reads as follows:
1. A method for assessing a cancerous tissue in a patient, the method comprising:
(a) taking at least one three-dimensional image of a region of interest of the patient,
the region of interest comprising the cancerous tissue;
(b) identifying, in the at least one three-dimensional image, at least one biomarker
of the cancerous tissue;
(c) deriving at least one quantitative measurement of the at least one biomarker;
and
(d) storing an identification of the at least one biomarker and the at least one
quantitative measurement in a storage medium.
The references relied on by the examiner are:
Gilhuijs et al. (Gilhuijs) 6,112, 112 Aug. 29, 2000
Chaturvedi et al. (Chaturvedi) 6,277,074 Aug. 21, 2001
Front et al. (Front) 6,368,331 Apr. 9, 2002
(filed Feb. 24, 2000)
Claims 1 through 5, 10 through 17 and 21 through 26 stand rejected under 35
U.S.C. § 102(b) as being anticipated by Gilhuijs.
Claims 6 through 8, 18 and 19 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Gilhuijs in view of Chaturvedi.
Claims 9 and 20 stand rejected under 35 U.S.C. § 103(a) as being unpatentable
over Gilhuijs in view of Front.
Reference is made to the briefs and the answer for the respective positions of the
appellants and the examiner.
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