Ex Parte Claus et al - Page 9


               Appeal 2007-1726                                                                            
               Application 09/976,621                                                                      
               clear, as disclosed in Appellants’ own Specification, that backprojection                   
               occurs (i.e., in step 64), before the step of processing with an operator (i.e.,            
               Step 66).  See also Appellants’ Specification at paragraph 16:                              
                      [0016] FIG. 2 is a flow diagram of a method 60 including                             
                      acquiring views 62 of an object 12, such as a breast 12, from at                     
                      least two projection angles with medical imaging system 10                           
                      (shown in FIG. 1), such as a tomosynthesis imaging system and                        
                      a CT imaging system, to generate a projection dataset of object                      
                      12. Imaging system 10 includes at least one radiation source 14                      
                      and at least one detector array 16.  The views are backprojected                     
                      64 across an imaged volume by image reconstructor 36.  The                           
                      backprojected data is processed 66 using a non-linear operator                       
                      68 and further processed by image reconstructor 36 to generate                       
                      a plurality of slices, representative of the imaged object, that are                 
                      stored by computer 38 in storage device 40 for viewing on                            
                      display 44 [emphasis added].                                                         
               (Specification, ¶0016).                                                                     

                      See also Appellants’ Brief at page 10:                                               
                      In contrast, the claimed processing uses a backprojection                            
                      technique on the acquired projection images to generate                              
                      backprojected data.  The backprojected data is further processed                     
                      via a non-linear operator to generate a three-dimensional dataset                    
                      representative of the imaged object.                                                 
               (Br. 10).                                                                                   
                      Because the only difference we find between Figs. 24A and 24B of                     
               Webber is the type of operator applied to the two distinct data images, we                  
               find the weight of the evidence supports the Examiner’s position.  Thus, we                 
               find the recited language of “processing the backprojected data using a non-                
               linear operator” reads on Webber at Fig. 24B (See also instant claim 1).                    



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