Appeal No. 1997-0975 Page 2
Application No. 08/389,303
remaining claims pending in this application, stand objected to
as being dependent upon a rejected base claim (final rejection,
page 5).
BACKGROUND
Appellant's invention relates to a process for implanting
into an animal a prosthetic device for binding to bone. An
understanding of the invention can be derived from a reading of
exemplary claim 54, which is reproduced below.
54. A process for providing an animal with a prosthetic
device for binding to bone, comprising: implanting into an animal
a prosthetic device, said prosthetic device being implanted to
bind the prosthetic device to bone by contact between said
prosthetic device and bone, said prosthetic device comprising a
polymer including a first component comprising a polyalkylene
glycol; and
a second hydrophobic component which imparts stability to
the first component in water.
The sole prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Jones et al. (Jones) 3,908,201 Sep. 30, 1975
Claims 41-48 and 52-59 stand rejected under 35 U.S.C. § 102
as being anticipated by Jones or, alternatively, under 35 U.S.C.
§ 103 as being unpatentable over Jones.
OPINION
Having carefully reviewed the respective positions of
appellants and the examiner, including the declaration evidence
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