Ex parte FISCHETTI et al. - Page 3




          Appeal No. 97-0933                                                          
          Application No. 08/200,118                                                  


               Claim 3 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Slamin in view of Bolesky.                                
               Claims 4-7 stand rejected under 35 U.S.C. § 103 as being               
          unpatentable over Slamin.                                                   
               The rejections are explained in Paper No. 7 (the final                 
          rejection).                                                                 
               The opposing viewpoints of the appellants are set forth                
          in the Appeal Brief.                                                        


                                       OPINION                                        
                           The Rejection Under Section 102                            
               Independent claim 1 stands rejected as being anticipated               
          by Slamin, which means that this reference must disclose,                   
          expressly or under the principles of inherency, each and every              
          element of the claimed invention.  See, for example, RCA Corp.              
          v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221                
          USPQ 385, 388 (Fed. Cir.), cert. dismissed sub nom., Hazeltine              
          Corp. v. RCA Corp., 468 U.S. 1228 (1984).                                   
               Claim 1 is directed to a femoral component for a knee                  
          system.  It requires, inter alia, that there be an implantable              


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