Ex parte RICHELSOPH et al. - Page 3




                 Appeal No. 97-2606                                                                                       Page 3                        
                 Application No. 08/017,568                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellants' invention relates to a long bone                                                                              
                 prosthesis.  An understanding of the invention can be derived                                                                          
                 from a reading of exemplary claim 1, which appears in the                                                                              
                 appendix to the appellants' brief.                                                                                                     


                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Feiler     2                                 4,997,448                                    March 5, 1991                                
                 Hack et al. (Hack)                           5,133,772                                    July 28, 1992                                
                 Tornier                                      5,171,289                                    Dec. 15, 1992                                
                 Huiskes et al. (Huiskes)                              5,314,494                                    May  24,                            
                 19943                                                                                                                                  



                          Claim 1 stands rejected under 35 U.S.C. § 102(b) as being                                                                     
                 anticipated by Feiler.                                                                                                                 






                          2The examiner and the appellants both referred to this                                                                        
                 patent by the name "Filer."  However, a Certificate of                                                                                 
                 Correction  was issued on October 15, 1991 correcting the                                                                              
                 inventor's last name to "Feiler."                                                                                                      
                          3Effective filing date of Nov. 3, 1988.                                                                                       







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