Ex parte SWARTS et al. - Page 8




          Appeal No. 97-2783                                                          
          Application 08/388,089                                                      


          the backing is such as to result in an interface strength that is           
          "substantially equal to the tensile strength of said polymeric              
          material."  Given appellants' disclosure at page 5, line 22,                
          through page 7, line 30, it is apparent that the language                   
          "substantially equal to the tensile strength of said polymeric              
          material" is to be understood as encompassing a range of between            
          70 to 100 percent of the tensile strength of the polymeric                  
          material, and to reach "a maximum value at a penetration depth of           
          about 0.050 inch, corresponding to the tensile strength of UHMWP            
          [ultra-high-molecular weight polyethylene]" (page 7, lines 26-              
          30).  UHMWP is apparently a material that is conventionally used            
          in making these types of prosthetic acetabular cups.  While Frey            
          '355 does not expressly mention interface strength, we note that            
          the examiner has taken the position that since the cup of Frey              
          '355 is made of the same polymeric material as appellants' cup              
          and, as discussed above, has a polymeric material penetration               
          depth into the backing pores of at least .050 inches, it follows            
          that the acetabular cup prosthesis of Frey '355 has an interface            
          strength between the polymeric cup and the backing which falls              
          within the claimed range.  We agree with the examiner, and                  




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