Ex Parte Martin et al

Patent Trial and Appeal Board

Oct 26, 2016

12943572 (P.T.A.B. Oct. 26, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/943,572 11/10/2010
45436 7590 10/28/2016
DEAN D, SMALL
THE SMALL PA TENT LAW GROUP LLC
225 S. MERAMEC, STE. 725T
ST. LOUIS, MO 63105
FIRST NAMED INVENTOR
Jennifer Martin
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
245107 (553-1617) 3941
EXAMINER
LAMPRECHT, JOEL
ART UNIT PAPER NUMBER
3737
NOTIFICATION DATE DELIVERY MODE
10/28/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
Docket@splglaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte JENNIFER MARTIN and GARY CHENG HOW NG 1
Appeal2014-008064
Application 12/943,572
Technology Center 3700
Before DONALD E. ADAMS, JEFFREY N. FREDMAN, and
JACQUELINE T. HARLOW, Administrative Patent Judges.
PER CURIAM
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134(a) involving claims to a
method and a system for displaying ultrasound data. The claims are rejected
as anticipated and obvious. We have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM.
1 According to Appellants, the Real Party in Interest is General Electric
Company (Br. 3).
Appeal2014-008064
Application 12/943,572
STATEMENT OF THE CASE
The Specification describes "methods and systems for displaying
ultrasound data, and more particularly [for] displaying quantitative
ultrasound data correlated with physiological monitoring data" (Spec. i-f 1 ).
Claims 1-21 are on appeal. Claim 1 is illustrative and reads as follows
(emphasis added):
1. A method for displaying ultrasound data, the method
compnsmg:
acqmnng ultrasound image data and physiological
monitoring data during an ultrasound imaging scan;
generating quantitative ultrasound data from the acquired
ultrasound image data;
correlating the quantitative ultrasound data with the
physiological monitoring data; and
displaying the correlated quantitative ultrasound data and
physiological monitoring data time aligned on a display.
The claims stand rejected as follows:
I. Claims 1---6 and 8-21 stand rejected under 35 U.S.C. § 102(e)
as being anticipated by Mehi.2
II. Claim 7 stands rejected under 35 U.S.C. § 103(a) as being
obvious based on Mehi and Skyba. 3
2 Mehi et al., US 2011/0144494 Al, published June 16, 2011.
3 Skyba et al., US 2004/0066389 Al, published Apr. 8, 2004.
2
Appeal2014-008064
Application 12/943,572
I.
We have considered Appellants' arguments, but are not persuaded that
the Examiner erred in rejecting claims 1---6 and 8-21 under 3 5 U.S. C.
§ 102( e) as being anticipated by Mehi.
Findings of Fact
We adopt the Examiner's findings of fact and reasoning regarding the
scope and content of the prior art (Final Act. 2-5; Ans. 2-9). For clarity, we
highlight the following.
FF 1. Mehi discloses "methods for displaying ultrasound images
using a persistence algorithm, gating ultrasound acquisition based on subject
respiration, triggering ultrasound acquisition based on subject ECG, ... "
(Mehi Abstract; see also Final Act. 2).
FF 2. Mehi discloses
a method for frame persistence implemented by an ultrasound
imaging system by obtaining a plurality of frames of ultrasound
at a baseline frame rate (FRo); processing a portion of the
plurality of frames of ultrasound at a processing rate (PR),
wherein the portion includes a first frame having a first plurality
of data points; applying a persistence routine to at least one of
the first plurality of data points, wherein the persistence routine
combines the at least one of the first plurality of data points with
a corresponding stored data point based on a user defined
persistence setting, FRo, and PR, to produce at least one
persistence processed data point; storing the at least one
persistence processed data point to replace the previously stored
data point; and generating a persistence processed output frame
from the at least one persistence processed data point.
(Mehi i-f 4; see also Final Act. 3.)
FF 3. Mehi discloses that "[t]he plurality of frames may include B-
Mode data, Color Flow image data, or Power Doppler image data. The
3
Appeal2014-008064
Application 12/943,572
method may fhrther include displaying the persistence processed output
frame on a display" (Mehi i-f 4; see also Final Act. 3).
FF 4. Mehi discloses "scanning a region of interest in the subject with
ultrasound" (Mehi i-f 5; see also Final Act. 2, Ans. 9).
FF 5. Mehi discloses
a method for respiration gating during ultrasound imaging by
acquiring a respiration signal from a subject; determining a start
of a respiration cycle in the respiration signal; setting a valid zone
based on the start of the respiration cycle and user defined offset
and/or duration; acquiring a plurality of frames of ultrasound,
e.g., at an acquisition rate of at least 200 frames per second;
discarding one or more frames of the plurality of frames acquired
outside the valid zone; and outputting remaining frames of the
plurality of frames acquired inside the valid zone. The acquired
plurality of frames may also be time-stamped to indicate when
each frame is acquired.
(Mehi i-f 6; see also Final Act. 2-3; Ans. 3, 5, 9.)
FF 6. Mehi discloses
a method for ECG triggered acquisition during ultrasound
imaging by acquiring, at a host computer, an ECG signal from a
subject; determining, at the host computer, an R-wave point in
the ECG signal; determining, at the host computer, a trigger point
threshold and a trigger slope based on the R-wave point;
transferring the trigger point threshold and the trigger slope to a
programmable logic device; and triggering, by the
programmable logic device, the acquisition of ultrasound based
on the trigger point threshold and the trigger slope, e.g., at a rate
of at least 200 frames per second. The method may be employed
to acquire a cineloop that starts at a specified point in a cardiac
cycle and runs for a specified number of cardiac cycles. The
method may be used to acquire one or more of B-Mode data,
Color Doppler Mode data, Power Doppler Mode data, Contrast
Mode data, and 3D Mode data.
(Mehi i-f 7; see also Final Act. 2-3.)
4
Appeal2014-008064
Application 12/943,572
FF 7. Mehi depicts in Figure 1 an exemplary waveform (Mehi i-f 10).
Figure 1 is reproduced below.
FIG. l
4204 Time(m~cl
4200
(Id. at Fig. 1.) Figure 1 shows "an exemplary respiration waveform 4200
from a subject where the x-axis represents time in milliseconds (ms) and the
y-axis represents voltage in millivolts (m V)" (id. i-f 10) in which "a reference
line 4204 can be inserted on the waveform 4202" (id. i-f 26).
FF 8. Mehi depicts in Figure 2 a valid acquisition zone (id. i-f 11 ).
Figure 2 is reproduced below.
FIG, 2
(Id. at Fig. 2.) Figure 2 shows "a valid acquisition zone where the start of
the respiration cycle combined with the user's specifications denotes the
valid acquisition zone" (id. i-f 11 ).
5
Appeal2014-008064
Application 12/943,572
FF 9. Mehi depicts in Figure 6C an exemplary single pulse of ECG
data (id. i-f 17). Figure 6C is reproduced below.
c. '·
:,'l.,,l li ""*'
:· ·. ~~';·,f:': r·,.:-:~.-.::
:f'n,~'w'r••'>~•,..,,,..,...,,....._.,'.>,",,,...__,,._,._ • ..._,-.~ • '-''-~'• • .._,v •• '"''-:•:• "'•'.•-·_ ... .,.,., .. ~
(Id. at Fig. 6C.) Figure 6C "illustrates an exemplary single pulse of ECG
data showing a threshold trigger point and a blank period" (id. i-f 17; see also
Final Act. 3).
FF 10. Mehi discloses that
persistence processing combines information from previous
frames of B-Mode detected data with the most recent frame of
B-Mode detected data to produce an output frame. Persistence
can also be applied to other data sets such as Color Flow or
Power Doppler overlays or image data processed with harmonic
imaging methods
(Mehi i-f 19; see also Final Act. 3).
FF 11. Mehi discloses
a method for gating retention of ultrasound based on the
respiration cycle. For example, a threshold value can be selected,
and a time position can be recorded when the respiration signal
exceeds the threshold. . . . The user can specify additional
information such as a custom offset from the start of the cycle.
The user can also specify a duration during which to allow
acquisition. As shown in FIG. 2, the start of the respiration cycle
combined with the user's specifications denotes a valid
6
Appeal2014-008064
Application 12/943,572
acquisition zone, e.g., when frames can be acquired without
motion artifact.
(Mehi iT 27.)
FF 12. Mehi discloses
Small animals can be anesthetized during imaging and
vital physiological parameters such as heart rate and temperature
can be monitored. Thus, an embodiment of the system may
include means for acquiring ECG and temperature signals for
processing and display. An embodiment of the system may also
display physiological waveforms such as an electro-cardiogram
(ECG), respiration or blood pressure waveform.
(Id. iT 57; see also Final Act. 2-3, 5-7.)
FF 13. Mehi discloses
The systems can also be used in M-Mode, with simultaneous B-
Mode, for cardiology or other applications where such
techniques are desired. The system can optionally be used in
Duplex and Triplex modes, in which M-Mode and PW Doppler
and/or Color Flow modes run simultaneously with B-Mode in
real-time. A 3-D mode in which B-Mode or Color Flow mode
information is acquired over a 3-dimensional region and
presented in a 3-D surface rendered display can also be used. A
line based image reconstruction or "EKV" mode, can be used for
cardiology or other applications, in which image information is
acquired over several cardiac cycles and recombined to provide
a very high frame rate display.
(Mehi iT 68; see also Final Act. 3; Ans. 3-7, 9.)
FF 14. Mehi discloses
[a] method for ECG triggered acquisition during
ultrasound imaging, comprising:
(a) acquiring, at a host computer, an ECG signal from a
subject;
(b) determining, at the host computer, an R-wave point in
the ECG signal;
7
Appeal2014-008064
Application 12/943,572
( c) determining, at the host computer, a trigger point
threshold and a trigger slope based on the R-wave point;
( d) transferring the trigger point threshold and the trigger
slope to a programmable logic device; and
( e) triggering, by the programmable logic device, the
acquisition of ultrasound based on the trigger point threshold and
the trigger slope.
(Mehi Claim 19; see also Ans. 3, 5-9.)
FF 15. Mehi discloses "triggering based on the trigger point
threshold and the trigger slope is used to acquire a cineloop that starts at a
specified point in a cardiac cycle and runs for a specified number of cardiac
cycles" (Mehi Claim 20; see also Ans. 3, 5-9).
FF 16. Mehi discloses "triggering based on the trigger point
threshold and the trigger slope is used to acquire one or more of B-Mode
data, Color Doppler Mode data, Power Doppler Mode data, Contrast Mode
data, and 3D Mode data" (Mehi Claim 21 ).
FF 17. Mehi discloses
(i) acquiring a respiration signal from a subject;
(ii) determining a start of a respiration cycle m the
respiration signal;
(iii) setting a valid zone based on the start of the respiration
cycle and user defined offset and/ or duration;
(iv) discarding ultrasound acquired outside the valid zone
during step ( e ); and
( v) outputting ultrasound acquired inside the valid zone
during step ( e ).
(Id. at Claim 22.)
FF 18. Mehi discloses "ultrasound frames are time-stamped to
indicate when each frame is acquired" (id. at Claim 24; see also Ans. 8-9).
FF 19. The Specification discloses that "quantitative ultrasound
data refers to any quantifiable, plottable, measurable, determinable or other
8
Appeal2014-008064
Application 12/943,572
numerical data acquired, determined and/ or generated from ultrasound data,
which may be obtained using different types of ultrasound data acquisition"
(Spec. ii 21 ).
FF20. The Specification discloses
Various embodiments may include a method 50 as
illustrated in Figure 2 to acquire and display correlated
quantitative ultrasound data and monitoring data, such as patient
monitoring data. It should be noted that although the method 50
is described in connection with generating color flow ultrasound
data and correlating the data with particular physiological data,
the method 50 is not limited to particular quantitative ultrasound
data or physiological data.
(Id. ii 26.)
FF 21. The Specification discloses
In general, color flow ultrasound data includes data that may be
used to produce a color-coded map of Doppler shifts
superimposed onto a B-mode ultrasound image (color flow
maps). In operation, color flow imaging uses pulses along each
of a plurality of color scan lines of the image to obtain a mean
frequency shift and a variance at each area of measurement. This
frequency shift is displayed as a color pixel.
(Id. ii 27.)
FF22. The Specification discloses
For example, the quantitative data may include color blood flow
data wherein a determination is made as to an amount or ratio of
blood flow through an ROI based on a number of color flow
pixels in the ultrasound image data indicating varying levels of
blood flow. For example a blood flow ratio for one or more RO Is
may be determined as follows: (number of color flow pixels I
total number of pixels) in the RO Is.
(Id. ii 30.)
9
Appeal2014-008064
Application 12/943,572
FF 23. The Specification discloses
It should be noted that the quantitative data may be any
type of quantitative data or parameter. For example, although
color flow and power Doppler quantitative data may be
displayed, other types of quantitative data may be displayed,
such as grayscale or volume data (namely three-dimensional data
instead of two-dimensional data).
(Id. ii 35.)
FF24. The Specification discloses that "[i]t also should be noted
that correlation as used herein refers to any type of association of data and is
not limited, for example, to a mathematical correlation" (id. ii 23).
Analysis
We begin with claim interpretation, because until a claim is properly
interpreted, its scope cannot be compared to the prior art. Each of
independent claims 1, 13, and 18 recites the term "quantitative ultrasound
data." Specifically, claim 1 recites "displaying the correlated quantitative
ultrasound data and physiological monitoring data time aligned on a
display" (emphasis added), claim 13 recites "at least one plot of quantitative
ultrasound data on the time aligned graph" (emphasis added), and claim 18
recites "a display configured to display quantitative ultrasound data based
on the ultrasound image data and the physiological monitoring data time
aligned" (emphasis added).
The Specification discloses that "quantitative ultrasound data refers to
any quantifiable, plottable, measurable, determinable or other numerical
data acquired, determined and/or generated from ultrasound data, which
may be obtained using different types of ultrasound data acquisition" (FF 19
(emphasis added)). The Specification also discloses "a method 50 as
10
Appeal2014-008064
Application 12/943,572
illustrated in Figure 2 to acquire and display correlated quantitative
ultrasound data" and that "the method 50 is described in connection with
generating color flow ultrasound data ... , the method 50 is not limited to
particular quantitative ultrasound data" (FF 20 (emphasis added)). The
Specification further explains that "color flow ultrasound data includes data
that may be used to produce a color-coded map of Doppler shifts
superimposed onto a B-mode ultrasound image (color flow maps)," "color
flow imaging uses pulses along each of a plurality of color scan lines of the
image to obtain a mean frequency shift and a variance at each area of
measurement," and "[t ]his frequency shift is displayed as a color pixel"
(FF 21 ). The Specification discloses "the quantitative data may include
color blood flow data ... based on a number of color flow pixels in the
ultrasound image data" (FF 22; see also Appellants' claims 5 and 11), and
"quantitative data may be any type of quantitative data or parameter. For
example, although color flow and power Doppler quantitative data may be
displayed, other types of quantitative data may be displayed, such as
grayscale or volume data (namely three-dimensional data instead of two-
dimensional data)" (FF 23).
Therefore, we conclude that the broadest reasonable interpretation of
the phrase "quantitative ultrasound data," as used in claims 1, 13, and 18,
encompasses any quantifiable or numerical data or parameter that can be
obtained from ultrasound data acquisition, and can include color flow
ultrasound data, color flow maps, such as a color-coded map of Doppler
shifts superimposed onto a B-mode ultrasound image, color flow pixels in
the ultrasound image data, power Doppler data, and grayscale or volume
data that can be two-dimensional or three-dimensional data. See In re
11
Appeal2014-008064
Application 12/943,572
Sneed, 710 F.2d 1544, 1548 (Fed. Cir. 1983) ("[C]laims in an application are
to be given their broadest reasonable interpretation consistent with the
specification, and that claim language should be read in light of the
specification as it would be interpreted by one of ordinary skill in the art."
(internal citation omitted)).
We next address Appellants' contention that Mehi does not teach
quantitative ultrasound data because the image in Mehi is "merely a display
of a plurality of pixels showing an imaged region" and that "[a] user is not
able, for example, to ascertain quantitative values from the displayed image
of Mehi" (Br. 12-13).
This argument is not persuasive because, as discussed above, we
conclude that the broadest reasonable interpretation of the phrase
"quantitative ultrasound data" includes any quantifiable or numerical data or
parameter that can be obtained from ultrasound data acquisition, which can
be color pixels. Moreover, Appellants' argument is unavailing because it is
contrary to the Specification's disclosure of pixels as one example of
"quantitative ultrasound data." We further note that, as discussed above
regarding the exemplary "quantitative ultrasound data" disclosed in the
Specification, many of the same examples of "quantitative ultrasound data"
are disclosed by Mehi (FF 3 ("Color Flow image data, or Power Doppler
image data"); FF 6 ("Color Doppler Mode data, Power Doppler Mode data,
Contrast Mode data, and 3D Mode data"); FF 10 ("Color Flow or Power
Doppler overlays")). We also observe that Mehi discloses frames of
ultrasound data such as "a first frame having a first plurality of data points"
(FF 2) which certainly is quantifiable or numerical data or parameter that is
12
Appeal2014-008064
Application 12/943,572
obtained from ultrasound data acquisition, and therefore, are "quantitative
ultrasound data."
Appellants contend that Mehi does not describe "aligning of the
physiological waveforms with any of the other displayed information, for
example, an ultrasound image, much less quantitative ultrasound data, such
as on a time aligned graph" (Br. 15).
We are not persuaded. Mehi discloses "methods for displaying
ultrasound images using a persistence algorithm, gating ultrasound
acquisition based on subject respiration, triggering ultrasound acquisition
based on subject ECG, ... " (FF 1 (emphasis added); see also FF 14). Mehi
discloses "a method for respiration gating during ultrasound imaging by
acquiring a respiration signal from a subject" and "acquiring a plurality of
frames of ultrasound, e.g., at an acquisition rate of at least 200 frames per
second'' (FF 5 (emphasis added); see also FF 15). Mehi discloses that
"[ s ]mall animals can be anesthetized during imaging and vital physiological
parameters such as heart rate and temperature can be monitored" and that
"the system may include means for acquiring ECG and temperature signals
for processing and display" (FF 12). Therefore, we agree with the Examiner
that because Mehi discloses "the gating of the imaging is aligned to the
cardiovascular cycle," Mehi "provides teaching of time-aligned
physiological data with ultrasound data" (Ans. 5).
Appellants argue that Mehi does not teach "displaying an ultrasound
image, at least one plot, and at least one physiological monitoring trace
concurrently" (Br. 15-16).
We do not find this argument persuasive. Further to the discussion
above, Mehi discloses that "[t]he systems can also be used in M-Mode, with
13
Appeal2014-008064
Application 12/943,572
simultaneous R-Mode, for cardiology or other applications where such
techniques are desired. The system can optionally be used in Duplex and
Triplex modes, in which M-Mode and PW Doppler and/or Color Flow modes
run simultaneously with B-Mode in real-time" (FF 13 (emphasis added)).
Because such data are displayed simultaneously, and are known in the art to
comprise data in graphical representation, we agree with the Examiner that
"as such, both inherently and necessarily, the images produced and
displayed include physiological data as they are from those specific points in
the cardiac cycle (specifically noted, the R-wave point)" (Ans. 3), and that
"the display of both PW/Color Flow datasets is at least a quantitative display
of ultrasonic data, and is indeed also a plot" (id. at 4). As the Examiner
explains "the B-Mode and M-Mode data can be viewed as a typical
ultrasound 'image', and the output from the PW Doppler or Color Flow
analysis are displayed as a plot of datapoints" (id. at 3).
Where, as here, the claimed and prior art products are
identical or substantially identical, or are produced by identical
or substantially identical processes, the PTO can require an
applicant to prove that the prior art products do not necessarily
or inherently possess the characteristics of his claimed product.
. . . Whether the rejection is based on "inherency" under 3 5
U.S.C. § 102, on "prima facie obviousness" under 35 U.S.C. §
103, jointly or alternatively, the burden of proof is the same, and
its fairness is evidenced by the PTO' s inability to manufacture
products or to obtain and compare prior art products.
In re Best, 562 F.2d 1252, 1255 (CCPA 1977).
Appellants argue that the Examiner "fails to consider the recited 'time
aligned on a display' language in claim 1" and that Mehi does not disclose
this claimed limitation (Br. 17). We do not agree. As discussed above,
because Mehi discloses "gating ultrasound acquisition based on subject
14
Appeal2014-008064
Application 12/943,572
respiration, triggering ultrasound acquisition based on subject ECG, ... "
(FF 1 (emphasis added)), "acquiring a plurality of frames of ultrasound, e.g.,
at an acquisition rate of at least 200 frames per second'' (FF 5 (emphasis
added)), and "[t]he systems can also be used in M-Mode, with simultaneous
B-Mode, for cardiology or other applications where such techniques are
desired. The system can optionally be used in Duplex and Triplex modes, in
which M-Mode and PW Doppler and/or Color Flow modes run
simultaneously with B-Mode in real-time" (FF 13 (emphasis added)), we
agree with the Examiner that Mehi inherently and necessarily teaches the
"time aligned on a display" limitation (see Ans. 5---6). See In re Best, 562
F.2d at 1255.
To the extent that Appellants argue that Mehi does not teach
"correlating the quantitative ultrasound data with the physiological
monitoring data" as claimed (see Br. 17), we are not persuaded. We note
that the Specification discloses that "[i]t also should be noted that correlation
as used herein refers to any type of association of data and is not limited, for
example, to a mathematical correlation" (FF 24). Because Mehi teaches the
acquisition of ultrasound data is triggered by physiological data such as ECG
signals, the data are associated, and therefore, there is correlation.
In regard to Appellants' arguments concerning claims 2-5, 10, 14, 15,
and 17 that Mehi does not disclose displaying an ultrasound image frame, a
plot, or a graph (see Br. 19-21 ), we are not persuaded for the reasons
discussed above. With respect to the claim 3 requirement of "receiving a
user input defining at least one region of interest (ROI) in the displayed
ultrasound image," we note that Mehi discloses "scanning a region of
interest in the subject with ultrasound" (FF 4). We, therefore, agree with the
15
Appeal2014-008064
Application 12/943,572
Examiner that Mehi teaches the limitations of claims 2-5, 10, 14, 15, and 17
as explained and reiterated by the Examiner (see Ans. 6-9).
In regard to claim 14, we do not find persuasive Appellants'
contention that Mehi does not disclose a frame line indicator (Br. 20-21 ).
Mehi depicts in Figure 1 an exemplary waveform in which in which "a
reference line 4204 can be inserted on the waveform 4202" (FF 7). Mehi
depicts in Figure 2 a valid acquisition zone having a line indicator showing
"the start of the respiration cycle combined with the user's specifications
denotes the valid acquisition zone" (FF 8). Mehi also depicts in Figure 6C
an exemplary single pulse of ECG data with a line indicator and "illustrates
an exemplary single pulse of ECG data showing a threshold trigger point
and a blank period" (FF 9).
Mehi discloses
[a] method for ECG triggered acquisition during
ultrasound imaging, comprising:
(a) acquiring, at a host computer, an ECG signal from a
subject;
(b) determining, at the host computer, an R-wave point in
the ECG signal;
( c) determining, at the host computer, a trigger point
threshold and a trigger slope based on the R-wave point.
(FF 14.) Mehi discloses "triggering based on the trigger point threshold and
the trigger slope is used to acquire one or more of B-Mode data, Color
Doppler Mode data, Power Doppler Mode data, Contrast Mode data, and 3D
Mode data" (FF 17; see also FF 15-16) and "ultrasound frames are time-
stamped to indicate when each frame is acquired" (FF 18). Because these
multitude of data are displayed in combination and simultaneously as
discussed above, we agree with the Examiner that Mehi inherently and
necessarily discloses the limitation "a frame indicator line on the graph
16
Appeal2014-008064
Application 12/943,572
identifying a time at which the ultrasound image frame was acquired
corresponding to a time along the physiological monitoring trace" (see Ans.
8-9). See In re Best, 562 F.2d at 1255.
II.
The Examiner has rejected claim 7 under 35 U.S.C. § 103(a) as being
obvious based on Mehi and Skyba. Appellants present no additional
argument based on the teachings of Skyba, and rely on the same arguments
addressed above with regard to Mehi (see Br. 21 ). For the reasons discussed
above, therefore, we affirm the rejection of claim 7.
SUMMARY
We affirm the rejection of claims 1, 13, and 18 under 35 U.S.C.
§ 102( e) based on Mehi. Claims 2---6, 8-12, and 21 fall with claim 1, claims
14--17 fall with claim 13, and claims 19 and 20 fall with claim 18.
We affirm the rejection of claim 7 under 35 U.S.C. § 103(a) based on
Mehi and Skyba.
TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(l )(iv).
AFFIRMED
17