Ex Parte Claus et al - Page 11


               Appeal 2007-1726                                                                            
               Application 09/976,621                                                                      
               selected claim alone (independent claim 1).  Therefore, we sustain the                      
               Examiner’s rejection claims 1-3, 13-16, and 26 as being anticipated by                      
               Webber.                                                                                     
                                          Claims 27-29, and 39                                             
                      We consider next the Examiner’s rejection of claims 27-29 and 39 as                  
               being unpatentable over Webber in view of Stanton.                                          
                      Appellants argue that claims 27-29 and 39 are improperly rejected for                
               the same reasons that independent claims 1, 13, 14, and 26 are allegedly                    
               improperly rejected (Br. 13).  Specifically, Appellants argue that the                      
               combination of Webber and Stanton does not teach or suggest                                 
               backprojecting data that is processed using a non-linear operator (id.).                    
                      In response, we have found supra that Webber discloses                               
               backprojecting data that is processed using a non-linear operator.                          
               Accordingly, we sustain the Examiner’s rejection of claims 27-29 and 39 as                  
               being unpatentable over Webber in view of Stanton for the same reasons                      
               discussed supra with respect to independent claim 1.                                        

                                               DECISION                                                    
                      Based on the findings of facts and analysis above, we conclude that                  
               the Examiner did not err in rejecting claims 1-3, 13-16, 26-29, and 39.                     
               Therefore, the decision of the Examiner rejecting claims 1-3, 13-16, 26-29,                 
               and 39 is affirmed.                                                                         
                      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).                              



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