Ex Parte Claus et al - Page 7


               Appeal 2007-1726                                                                            
               Application 09/976,621                                                                      
                      [0003] One known method of reconstructing a three-                                   
                      dimensional dataset representative of the imaged object is                           
                      known in the art as simple backprojection, or shift-and-add.                         
                      Simple backprojection backprojects each view across the                              
                      imaged volume, and averages the backprojected views.  A                              
                      "slice" of the reconstructed dataset includes the average of the                     
                      backprojected images for some considered height above the                            
                      detector.  Each slice is representative of the structures of                         
                      the imaged object at the considered height, and the collection of                    
                      these slices for different heights, constitutes a three-imensional                   
                      dataset representative of the imaged object.                                         
               (Specification, ¶0003).                                                                     

                      While the Specification clearly discloses that “[s]imple backprojection              
               backprojects each view across the imaged volume, and averages the                           
               backprojected views,” we note that “simple backprojection” is not claimed                   
               (Specification, ¶0003).  In contrast, each independent claim before us                      
               broadly recites “processing the backprojected data using a non-linear                       
               operator . . . .” (independent claims 1, 13, 14, 26, 27, and 39).  Moreover, in             
               the Reply Brief, Appellants have stated that the term “backprojection” is                   
               clearly understood in the art and, further, that “‘backprojection’ as used in               
               Webber is the same as ‘backprojection’ as used in the present application.”                 
               (See Reply Br. 2, ¶2).                                                                      
                      In particular, we note that the paragraph describing (simple)                        
               “backprojection” on page 1 of Appellants’ Specification is found under the                  
               heading “BACKGROUND OF THE INVENTION” (Specification 1,                                     
               ¶0003).  Thus, we find Appellants have given no special definition to the                   
               claim term “backprojection” that differs from the meaning it would                          
               otherwise possess. See In re Paulsen, 30 F.3d 1475, 1480 (Fed. Cir. 1994).                  

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