Ex Parte Kelley et al - Page 4


                    Appeal 2006-3163                                                                                                    
                    Application 09/747,661                                                                                              

                    ll. 3-14; col. 7, ll. 60-61).  Health care clinics having a room for diagnosing                                     
                    ailments can be interconnected through communications links to provide a                                            
                    health care clinic network distributed throughout a country (col. 6, ll. 33-36;                                     
                    col. 11, ll. 57-59).  A master processor receives inputs from within clinics                                        
                    through real-time sensors directly from test equipment (col. 6, ll. 56-60; col.                                     
                    31, ll. 27-30).  The master processor automatically and in real time manages,                                       
                    controls and stores information on patients, employees, equipment, functions                                        
                    and resources throughout the clinics (col. 20, ll. 48-51; col. 21, ll. 9-23; col.                                   
                    22, ll. 10-15).                                                                                                     
                           The Appellants argue that Crane’s data is clerical (Br. 13; Reply                                            
                    Br. 3).  Crane’s data is for evaluating and controlling the efficiency of a                                         
                    medical resource (col. 1, ll. 10-17; col. 5, ll. 3-12) and, therefore, is                                           
                    comparable to the Appellants’ productivity data.  Crane discloses that the                                          
                    data includes data for resources such as test equipment (col. 6, ll.  56-60;                                        
                    col. 20, ll. 48-51; col. 22, ll. 10-11; col. 31, ll. 27-30), and that rooms in the                                  
                    clinic are for diagnosing ailments and conducting tests such as EKG and x-                                          
                    ray (col. 11, ll. 49-59; col. 18, ll. 46-50).  That equipment for diagnosis and                                     
                    testing is comparable to the Appellants’ diagnostic system equipment such                                           
                    as an x-ray system (Spec. 2:4-8)                                                                                    
                           Crane’s disclosures that clinics can be interconnected through                                               
                    communication links (col. 6, ll. 33-36) and that test data can be obtained in                                       
                    real time directly from test equipment and can be communicated to a                                                 
                    doctor’s office via a communications room (col. 31, ll. 27-32) would have                                           
                    led one of ordinary skill in the art, through no more than ordinary creativity,                                     


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