Ex parte SWARTS et al. - Page 10




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


          as required in appellants' claim 12 on appeal.  Based on                    
          appellants' disclosure (specification, page 8), we understand               
          that it is appellants' intent to "equalize" the stiffness between           
          the two acetabular cups (10) and (42) in a radial direction, and            
          we understand the language of Claim 12 on appeal to mean that               
          such radial stiffness of the two recited cups will be equal, at             
          least to the extent that manufacturing tolerances will allow.               

          The examiner's position that Serbousek "teaches making                      
          femoral implants of varying sizes with a stiffness equivalent to            
          bone to reduce stress despite the length or diameter" (answer,              
          page 4), is without clear support in the reference.  As is                  
          explained in column 3, lines 25-31, of Serbousek, the dimensions            
          of the groove (46) in the stem of the femoral implant                       
               are chosen so as to obtain a predetermined stiffness                   
               profile of the stem between the proximal and distal                    
               ends.  In either event, the stem has a magnitude of                    
               stiffness no greater than that at which stress                         
               shielding of the first bone has been clinically                        
               identified by radiographic methods.                                    

          Moreover, at lines 44-48, of column 3 in Serbousek, it is noted             
          that by reducing the stiffness of the femoral implant, "more load           
          is borne by the surrounding bone," which, in turn, will reduce              
          bone mineral loss caused by stress shielding and promote the                


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