Appeal 2007-1926 Application 10/062,234 STATEMENT OF CASE The claims are drawn to an apparatus and method for generating an image of an object. Three-dimensional information about the object is acquired from a movable radiation source and an ultrasound probe is combined to generate a three-dimensional image of the object. Claims 1-10 and 12-20, all the pending claims, stand rejected over prior art (Br. 2). The Examiner relies on the following evidence of unpatentability: Getzinger U.S. Pat. 5,640,956 Jun. 24, 1997 Liou U.S. Pat. 5,839,440 Nov. 24, 1998 Niklason U.S. Pat. 5,872,828 Feb. 16, 1999 Nields U.S. Pat. 6,459,925 B1 Oct. 1, 2002 Claims 1-10 and 12-20 stand rejected under 35 U.S.C. § 103 as obvious over Nields in view of Niklason, Getzinger, and Liou (Answer 2). Claim 10 was separately argued and stands or falls apart from claims 1-9 and 12-20 (Br. 111). 37 C.F.R. § 41.37(c)(1)(vii). We select claim 1 as representative of claims 2-9 and 12-20. Claims 1 and 10 read as follows: 1. A method for generating an image of an object of interest, said method comprising: acquiring a first three-dimensional dataset of the object at a first position using a radiation source and a detector, the radiation source being movable with respect to the detector to a plurality of positions including the first position; 1 According to 37 C.F.R. § 41.37(c)(1)(vii), “[a]ny claim argued separately should be placed under a subheading identifying the claim by number.” Claim 10 was not properly argued because the separate arguments for its patentability were not placed under a subheading which specifically identified it by claim number. Nonetheless, we have considered Appellants’ separate arguments directed to claim 10. 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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