Ex Parte Lewis et al - Page 2

                 Appeal 2007-2190                                                                                        
                 Application 10/229,489                                                                                  

                 during fluoroscopically guided interventional surgery procedures.  (Br. 2).                             
                 Claim 18 is illustrative of the invention and is reproduced below:                                      
                        18.  A film media sensitive to low energy x-rays comprising a first                              
                 support layer of polymeric film which is permeable to low energy x-rays                                 
                 from about 20ke V to 120ke V and a second layer thereon of a composition                                
                 comprising a microcrystalline dispersion of a substantially crystalline image                           
                 receptive polyacetylenic compound and selected from the group consisting                                
                 of pentacosa-10, 12-diynoic acid; tricosa-10, 12-diynoic acid, heneicosa-10,                            
                 12-diynoic acid and combinations thereof and a compound that selectively                                
                 absorbs incident low energy photon radiation which is a metal halide and is                             
                 selected from the group consisting of cesium halides and rubidium halides                               
                 and which further comprises a chelating agent.                                                          
                        The Examiner relies on the following prior art reference to show                                 
                 unpatentability:                                                                                        
                 Patel     US 5,420,000  May 30, 1995                                                                    
                        The Examiner made the following rejection1:                                                      
                        Claims 4 and 8-18 under 35 U.S.C. § 102(b) as anticipated by Patel.                              
                        Appellants’ traversal of the anticipation rejection is limited to their                          
                 contention that Patel fails to disclose or suggest a compound which                                     
                 possesses the property of selectively absorbing incident low-energy photon                              
                 radiation.  (Br. 3).  According to Appellants, “Patel, et al. does not disclose                         
                 the inclusion of a metal halide for this purpose which is selected from the                             
                 group consisting of cesium halides and rubidium halides.  Consequently,                                 
                 Patel, et al. cannot anticipate the present invention as claimed and this                               
                 rejection should not be upheld.”  (Br. 3).                                                              

                                                                                                                        
                 1 The rejection of claims 4 and 8-18 under 35 U.S.C. § 102(b) as anticipated                            
                 by Lewis has been withdrawn.  (Answer 4).                                                               
                                                           2                                                             

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