Appeal No. 99-0514
Application 08/636,421
longitudinal contours of the residual leg. To arrange the separators 2 so as to coincide
with natural longitudinal contours between muscles of the thigh would thus have been
directly obvious, if not immediately apparent, from the MOPR teaching.
After fully considering the record in light of the arguments presented in appellants' brief and the
examiner's answer, we conclude that claims 5 to 14 are patentable over the MOPR reference. In this
regard, we agree with appellants that MOPR does not teach or suggest that the separators 2 between
the compartments 3 and 4 should extend along the natural contours between the thigh muscles, and in
particular, the channels defined by the specific muscles recited in claims 5 to 14. Looking at Fig. 2 of
MOPR, it is, first, not clear whether the separators 2 engage natural contours (depressions) of the thigh,
or simply are pressing into the thigh. Also, it appears that the separators and compartments just run
vertically along the outside of the thigh, and we do not regard the reference's disclosure that the
compartments (sections) are located along the muscles or muscle groups of the thigh as suggesting any
more than this. There is certainly no specific disclosure that the compartments (i.e., the separators)
follow the natural channels in the thigh, nor is there any teaching or suggestion that they should do so.
In our view, the examiner's holding that it would have been obvious to arrange the MOPR separators to
follow the natural contours between muscles of the thigh was the result of impermissible hindsight,
based on appellants' disclosure.
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