Ex Parte Kapur et al - Page 5

               Appeal 2007-1926                                                                             
               Application 10/062,234                                                                       

               39).  Niklason teaches that its methods “improve the specificity of                          
               mammography with improved lesion margin visibility and [ ] improve early                     
               breast cancer detection” (Niklason, col. 6, ll. 17-21).                                      
                      Liou teaches that three-dimensional (3D) “image registration                          
               techniques are utilized in the fusion of 3D images obtained from various                     
               modalities such as CT, PET (Positron Emission Tomography), SPECT                             
               (Single Positron Emission Tomography), MRI (Magnetic Resonance                               
               Imaging) and ultrasound imaging techniques” (Liou, col. 2, ll. 51-56).                       
                                              DISCUSSION                                                    
                      The issue in this appeal is whether the claimed method and apparatus                  
               would have been obvious to one of ordinary skill in the art at the time the                  
               invention was made in view of Nields combined with Niklason, Getzinger,                      
               and Liou.                                                                                    
                      The Examiner states that Nields teaches combining ultrasound data                     
               and x-ray data in a spatially co-related manner (Answer 2).  The x-ray data is               
               generated with a movable radiation source (Answer 3) as required by claim                    
               1.  The Examiner asserts that Nields does not teach obtaining three-                         
               dimensional tomosynthetic (x-ray) and three-dimensional ultrasound images                    
               (Answer 3).  However, the Examiner argues three-dimensional images                           
               constructed from ultrasound data and x-ray data were known in the art as                     
               evidenced by Getzinger and Niklason, respectively (Answer 3).                                
               Furthermore, the Examiner finds that methods of combining three-                             
               dimensional images from various modalities, including CT (x-ray) and                         
               ultrasound were known in the art at taught in Liou (Answer 3).  The                          
               Examiner reasons that it would have been obvious to a person of ordinary                     

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