Appeal No. 2005-2572
Application No. 10/268,809
modulation unit 32. The control leads 36,
which may be, for example thin fiber glass
cables, are connected to a light-emitting
diode 33. The latter diode generates an
optical control signal whereby an
appropriate, optically controllable switching
element, for example an optically
controllable transistor 34, is controlled and
hence periodically set to the turned-on and
the turned-off state. The remainder of the
operation is essentially the same as
described with reference to FIG. 4 [column 5,
line 26, through column 6, line 19].
As framed and argued by the appellant (see pages 7-8 in the
main brief and pages 5-6 in the reply brief), the dispositive
issue with respect to the rejection of claim 4 is whether Lüdeke
meets the recited step of “emitting an RF filed in the vicinity
of the medical instrument in response to the photocurrent using a
resonant circuit disposed on the medical instrument.” The
appellant contends that:
. . . Ludeke et al. teaches that its resonant
circuit is triggered by the nuclear magnetization
produced in the tissue of a subject and that the
resonant circuit is simply switched on and off by an
optical control signal. In contrast, the present
invention teaches that its resonant circuit is
triggered (not simply switched on and off) by an
optical control signal.
With more specific regard to claim 4, Ludeke et
al., teaches that the nuclear magnetization produced in
the vicinity of its medical instrument induces a
voltage in the microcoil and emitting an RF field in
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