Ex Parte Vu - Page 4



               Appeal No. 2007-0204                                                                         
               Application 10/938,966                                                                       
                     Claim 44 recites: "if the input is indicative of a desire to acquire 3D                
               images, apply the common pulse sequence with 3D parameters; and if the                       
               input is indicative of a desire to acquire 2D images, disable slice encoding                 
               and rewinder gradients and apply the common pulse sequence with 2D                           
               parameters."  Claim 45 depends on claim 44 and recites that a computer                       
               program causes the computer to "disable 3D parameters in a third dimension                   
               in real-time."  The Examiner does not find the limitation of claim 45 is                     
               unclear in and of itself, but finds that it is unclear what the relationship is              
               between "disable 3D parameters" in claim 45 and "disable slice encoding and                  
               rewinder gradients" in claim 44.  Appellant states that the "3D parameters"                  
               refers to the 3D parameters in the limitation "apply the common pulse                        
               sequence with 3D parameters" in claim 44, and claim 45 is merely saying that                 
               the 3D parameters are disabled in "real-time."  This does not answer the                     
               Examiner's question about the claim.  The question is whether "disable 3D                    
               parameters in a third dimension" in claim 45 refers to "disable slice encoding               
               and rewinder gradients" in claim 44, so that "3D parameters in a third                       
               dimension" refers to "slide encoding and rewinder gradients," or whether                     
               "disable 3D parameters in a third dimension" refers to disabling something                   
               else.  We agree with the Examiner that claim 45 is indefinite for this reason.               
               The rejection of claim 45 is sustained.                                                      

               Claims 51-54                                                                                 
                     The first question is whether, as a matter of claim interpretation,                    
               "reduced" gradients includes "turning off, or disabling" (Specification,                     
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