Ex Parte Claus et al - Page 5


               Appeal 2007-1726                                                                            
               Application 09/976,621                                                                      
                      [t]his approach is very efficient: it is simpler to implement than                   
                      conventional tomosynthetic back-projection methods; and it                           
                      produces sharp-appearing images that do not require additional                       
                      computationally intensive inverse filtering or interative                            
                      deconvolution schemes.                                                               
               (Webber, col. 28, ll. 20-24).                                                               

                      The Examiner disagrees.  The Examiner, as finder of fact, contends                   
               that Webber discloses processing backprojected data using a non-linear                      
               operator in Fig. 24B (Answer 11-12).  The Examiner attempts to clarify the                  
               meaning of “backprojection” by pointing to the use of the term in an                        
               extrinsic reference (See Kirchner, col. 9, ll. 9-49, Fig. 5b).  The Examiner                
               finds the extrinsic Kirchner reference discloses that backprojected data at                 
               four views are superimposed to form a final dataset as shown at the bottom                  
               of Fig. 5c (Answer 12; see Kirchner, Fig. 5c).  From this extrinsic use of the              
               term, the Examiner concludes that “[e]vidently, the data are backprojected                  
               first and [then an] operation such as superposition is performed.” (id.).                   
               Regarding the Webber reference relied on in the rejection, the Examiner                     
               finds Webber discloses at column 23, lines 25-31 that “[a]t step 904, the                   
               projected images are shifted laterally, in the plane of projection, by amounts              
               required to produce a desired tomosynthetic slice where all the images are                  
               then superimposed . . . . ”  The Examiner finds this occurs (in Webber) in a                
               manner identical to the method described in Appellants’ disclosure at Fig. 2                
               (id.).                                                                                      
                      In the Reply Brief, Appellants counter that the term “backprojection”                
               is clearly understood in the art.  Appellants state that “‘backprojection’ as               
               used in Webber is the same as ‘backprojection’ as used in the present                       


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