Ex Parte Weiss - Page 10



         Appeal No. 2005-2572                                                                       
         Application No. 10/268,809                                                                 

              As indicated above, claim 18 recites a magnetic resonance                             
         apparatus comprising a main field coil, a plurality of gradient                            
         coils and a radio frequency receive coil.  The appellant has not                           
         cogently explained, and it is not apparent, why these elements                             
         are not respectively met by the main field magnet 2, gradient                              
         systems 3, 4 and 5, and receiving coil system 14 of Lüdeke’s MR                            
         apparatus.  Although claim 18 contains language relating to a                              
         medical instrument and its associated coil, capacitor, resonant                            
         circuit and optoelectrical converter, such language merely states                          
         that radio frequency receive coil can receive signals from such                            
         medical instrument and does not set forth these elements as part                           
         of the claimed magnetic resonance apparatus.  The appellant has                            
         failed to point out, and it is not evident, why Lüdeke’s                                   
         receiving coil system 14 would not be inherently capable of                                
         functioning in the same manner.                                                            
         II. The 35 U.S.C. § 103(a) rejection of claims 1-3, 6 and 8-13 as                          
         being unpatentable over Lüdeke                                                             

              As conceded by the examiner (see page 3 in the answer),                               
         Lüdeke does not meet the limitation in claim 1 requiring a                                 
         modulator for modulating the light signal applied to the RF                                
         arrangement, the limitation in claim 6 requiring the light signal                          
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