Appeal No. 1998-2775
Application 08/574,544
November 25, 1997). It therefore is presumed that the
rejection of claim
11 has been withdrawn as a result of the amendment filed
with appellants’ main brief. See Ex parte Emm, 118 USPQ
180, 181 (Bd. App. 1957). Although the examiner has not
notified appellants about the current status of claim 11, it
appears that this dependent claim is considered to be
allowable subject to being rewritten in independent form.
Based on this understanding of the record before us, the
only issues remaining in this appeal involve the examiner’s
rejections of claims 5 through 10.
Appellants’ claimed invention relates to an artificial
leg having a thigh section (21) and a lower leg portion (1)
pivotally connected to the thigh section by a knee joint
structure (4, 12, 17, 19). According to claim 6, the only
independent claim on appeal, the knee joint structure
comprises a bearing part (17) having what is defined as a
“third stopper portion” (16). The third stopper portion is1
1The bearing part 4 is described in appellants’ specification as having
two portions 7 and 15 integrally joined to each other. Appellants’
drawings show that only portion 7 is embedded in the lower leg portion
in the sense that it is received in an aperture 2 in the lower leg
2
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