Ex Parte Vu - Page 9



             Appeal No. 2007-0204                                                                  
             Application 10/938,966                                                                
             "reduced slice encoding and rewinder gradients in a 2D mode" in claim 51 to           
             mean "partially disabling the slice encoding and rewinder gradients to                
             produce a low-resolution 3D acquisition."  Nor does the Specification                 
             elsewhere imply that Appellant's invention is to diminish, but not turn off the       
             gradients, as discussed in Section 1.  Accordingly, Appellant has not                 
             persuaded us that the Specification provides written description support for          
             "reduced slice encoding and rewinder gradients in a 2D mode," where                   
             "reduced" means "diminished, but not eliminated," and has not persuaded us            
             of error in this part our original decision.                                          
                                          CONCLUSION                                               
                   The request for rehearing is granted to the extent that our original            
             decision of January 31, 2007, is modified to delete the last sentence on              
             page 7, but is otherwise denied.                                                      
                   No time period for taking any subsequent action in connection with this         
             appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv) (2004).                      
                                       GRANTED-IN-PART                                             


             cc  (via U.S. Mail):                                                                  
             Ziolkowski Patent Solutions Group, SC (GEMS)                                          
             136 S. Wisconsin Street                                                               
             Port Washington, WI  53074                                                            




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