Ex parte SAITO et al. - Page 2

          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          11 has been withdrawn as a result of the amendment filed                    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        

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