Ex parte SAITO et al. - Page 4




            Appeal No. 1998-2775                                                                         
            Application 08/574,544                                                                       


            35 U.S.C. § 102(b) as being anticipated by Lewis, and                                        
            appealed claim 5 stands rejected under 35 U.S.C. § 103 as                                    
            being unpatentable over Lewis.  Appealed claim 5                                             
            additionally stands rejected under 35 U.S.C. § 112, second                                   
            paragraph, as being indefinite for failing to particularly                                   
            point out and distinctly claim the subject matter which                                      
            appellants regard as their invention.                                                        
                  Considering first the § 102(b) rejection of claim 6,                                   
            Lewis discloses an artificial leg having a thigh section A                                   
            and a lower leg portion D attached to the thigh section by a                                 
            pair of strap assemblies.  Each strap assembly in Lewis’                                     
            artificial leg has pivotally interconnected upper and lower                                  
            metal straps E and F to allow pivotal movement between the                                   
            thigh section and the lower leg portion.  The upper straps E                                 
            of the two strap assemblies are fastened to the thigh                                        
            section.  The lower straps F of the strap assemblies are                                     
            attached to the lower leg portion.  Contrary to appellants’                                  
            arguments, the lower straps F are considered to be embedded                                  
            in the lower leg portion in that they appear from the                                        
            showing in Figure 1 of Lewis’ drawings to be received in                                     
            upwardly opening pockets in the lower leg portion.                                           

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