Ex parte FISCHETTI et al. - Page 6




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


               Claim 2, which depends from claim 1, stands rejected as                
          being unpatentable over Slamin in view of Elloy.  We have                   
          discussed the Slamin reference above, noting that it failed to              
          teach offsetting the bolt, as required by claim 1.  Claim 2                 
          adds to claim 1 the limitation that the offset range from 0 to              
          5 mm.                                                                       
               Elloy discloses a knee prosthesis comprising tibial,                   
          meniscal and femoral components.  The problem to which Elloy                
          directs his inventive efforts is insuring that the movement of              
          the meniscal component is limited, so that it does not move                 
          out of alignment with the other components, that is,                        
          dislocate, when the knee prosthesis is flexed, as in bending                
          or rotation (columns 2 and 6).  Elloy provides a control peg                
          (21) which has a pair of parallel but offset portions (21a and              
          21b), one of which is inserted in a matching opening and the                
          other in a round or elongated opening, depending upon the                   
          motion limits desired (Figures 7a, b, and c; column 6).                     
               While we would agree with the examiner that Elloy                      
          discloses an element in which one component is offset from the              
          other, neither the element nor the offset is for the same                   
          purpose as that of the appellants’ invention.  We fail to                   
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