Ex Parte Hoeg et al - Page 3

                 Appeal 2007-2314                                                                                        
                 Application 10/657,110                                                                                  

                        based on said volumetric scan data, said endoscope position data, and                            
                 said configuration data, displaying representations of said subsurface                                  
                 structure and said endoscopic line of sight in their correct relative spatial                           
                 relationship.                                                                                           
                 2.  PRIOR ART                                                                                           
                        The Examiner relies on the following references:                                                 
                        Chen    US 6,241,657   Jun.   5, 2001                                                            
                        Dohi    US 2002/0022767   Feb. 21, 2002                                                          
                 3.  OBVIOUSNESS                                                                                         
                        Claims 9-13 stand rejected under 35 U.S.C. § 103 as obvious over                                 
                 Chen in view of Dohi.  The Examiner relies on Chen for disclosing:                                      
                        a method for improving a diagnostic or surgical procedure . . .                                  
                        comprising:  acquiring volumetric scan data of a subsurface                                      
                        structure  .  .  .  ;  positioning  [an]  endoscope  relative  to  said                          
                        subsurface  structure,  .  .  .  establishing  the  position  of  said                           
                        endoscope relative to said subsurface structure . . . ; and based                                
                        on said volumetric scan data . . . [and] said endoscope position                                 
                        data . . . , displaying representations of said subsurface structure                             
                        and said endoscopic line of sight . . . in their correct relative                                
                        spatial relationship.                                                                            
                 (Answer 4-6.)                                                                                           
                        The Examiner relies on Dohi for disclosing an endoscope with an                                  
                 internal view changing mechanism (id. at 6-7).  The Examiner concludes                                  
                 that it would have been obvious to use Chen’s endoscope in Dohi’s method                                
                 (id. at 7).  The Examiner finds that a “skilled artisan would be motivated to                           
                 do so because Dohi’s endoscope allows for ‘[provision of] various                                       
                 endoscope images in good quality without the movement or bending of an                                  
                 endoscope’” (id. (citing Dohi, ¶ 0008)).                                                                


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