Appeal No. 97-2606 Page 8
Application No. 08/017,568
specified function is construed to cover the corresponding
structure, material, or acts described in the specification
and equivalents thereof. Thus, as stated by the appellants,
the corresponding structure of the claimed "seal means" is the
first seal 24, resilient seal member 40, collar portion 54 and
resilient rear seal member 55 which together act to contain
cement under pressure and prevent leaking of cement therefrom
during implantation of the prosthesis. Feiler's sealing plug
2 and the collar portion of his prosthesis do not act to
contain cement under pressure or prevent leaking of cement for
the reasons set forth by the appellants. Thus, Feiler does
not anticipate claim 1.
In addition, we wish to point out to the examiner that
the
claimed circumferential flange being constructed as an
"integral, one-piece unit" with the stem portion or the
intermediate portion does not "read on" Feiler's device. In
that regard, Feiler's sealing plug and prosthesis are separate
elements and even when implanted in the femoral stem could not
be regarded as an "integral, one-piece unit."
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007