Ex Parte Hoeg et al - Page 2

                 Appeal 2007-2314                                                                                        
                 Application 10/657,110                                                                                  

                                                  BACKGROUND                                                             
                        The Specification describes a “method for improving a diagnostic or                              
                 surgical procedure involving a variable direction of view endoscope with a                              
                 variable line of sight” (Specification 6).  The method comprises:                                       
                        acquiring  volumetric  scan  data  of  a  subsurface  structure;                                 
                        positioning said endoscope relative to said subsurface structure;                                
                        establishing  the  position  of  said  endoscope  relative  to  said                             
                        subsurface structure; acquiring internal endoscope                                               
                        configuration data; displaying representations of said                                           
                        subsurface structure and said endoscopic line of sight in their                                  
                        correct relative spatial relationship based on said volumetric                                   
                        scan  data,  said  endoscope  position  data,  and  said  internal                               
                        endoscope configuration data.                                                                    
                 (Id.)                                                                                                   
                                                    DISCUSSION                                                           
                 1.  CLAIMS                                                                                              
                        Claims 9-13 are pending and on appeal.  The claims have not been                                 
                 argued separately and therefore stand or fall together.  37 C.F.R.                                      
                 § 41.37(c)(1)(vii).  We will focus on claim 9, the broadest claim on appeal,                            
                 which reads as follows:                                                                                 
                 9. A method for improving a diagnostic or surgical procedure involving                                  
                 a variable direction of view endoscope with a variable line of sight                                    
                 comprising:                                                                                             
                        acquiring volumetric scan data of a subsurface structure;                                        
                        positioning said endoscope relative to said subsurface structure;                                
                        acquiring configuration data of an internal view changing mechanism                              
                 of the said endoscope;                                                                                  
                        establishing the position of said endoscope relative to said subsurface                          
                 structure; and                                                                                          


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