Appeal No. 99-0514
Application 08/636,421
16 of Sabolich with channels corresponding respectively to each of the aforementioned groove, channel
and contour, as recited in claims 9, 11 and 13 respectively, would have been obvious in view of the
above-noted teaching of Sabolich to shape the socket to conform to the anatomical features,
particularly the contours, of the residual thigh. Also, as to claim 11, it would have been obvious to
extend such channel substantially to the distal end of the muscles of the residual thigh, for the reasons
stated above with regard to claims 5 to 8.
Conclusion
The examiner's decision to reject claims 5 to 14 is reversed. Claims 5 to 14 are rejected
pursuant to 37 CFR § 1.196(b).
This decision contains a new ground of rejection pursuant to 37 CFR
§ 1.196(b)(amended effective Dec. 1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct.
10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR
§ 1.196(b) provides that, “A new ground of rejection shall not be considered final for purposes of
judicial review.”
37 CFR § 1.196(b) also provides that the appellant, WITHIN TWO MONTHS FROM THE
DATE OF THE DECISION, must exercise one of the following two options with respect to the new
ground of rejection to avoid termination of proceedings (§ 1.197(c)) as to the rejected claims:
(1) Submit an appropriate amendment of the claims so rejected or a showing of
facts relating to the claims so rejected, or both, and have the matter reconsidered by the
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