Appeal No. 97-2606 Page 9
Application No. 08/017,568
For the reasons set forth above, the decision of the
examiner to reject claim 1 under 35 U.S.C. § 102(b) is
reversed.
The obviousness issue
We will not sustain the examiner's rejection of claims 1
through 7 and 9 under 35 U.S.C. § 103.
The test for obviousness is what the combined teachings
of the references would have suggested to one of ordinary
skill in the art. See In re Young, 927 F.2d 588, 591, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d
413, 425, 208 USPQ 871, 881 (CCPA 1981).
Claims 1 and 3, the only independent claims on appeal,
each recite a long bone prosthesis comprising, inter alia, a
neck portion, a stem portion including means for force fit
engaging a long bone canal, an intermediate portion disposed
between the neck portion and the stem portion, and seal means
disposed between the intermediate portion and each of the neck
and stem portions for containing cement under pressure
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007