Ex parte PHILLIPS - Page 3




          Appeal No. 1999-0242                                                        
          Application 08/643,829                                                      


          appellant and the examiner regarding the merits of these                    
          rejections.1                                                                


               Sackett discloses an artificial leg having an ankle/foot               
          portion 43, a shin portion 42, a knee portion 41 and an upper               
          bucket portion 40 housing a cast fitting 44 for receiving the               
          stump of an amputee.  Of particular interest is the knee                    
          portion which includes a circular socket 50 and an alignment                
          table 51 having a semi-circular apertured extension 54 (see                 
          Figures 4 and 5).  The socket 50 and table 51 are connected                 
          together via intersecting slots 52, 52' and a bolt and nut                  
          assembly 53.  The socket 50 is secured to the cast fitting 44               
          and the table extension 54 is secured by a cross bolt 54' to a              
          semi-circular recess 56 in a knee joint component 55.                       
               The 35 U.S.C.  102(b) rejection of independent claim 28               
          rests on examiner’s determination that Sackett “illustrates a               
          coupling member (Figures 4 and 5) having a concave cylindrical              




               1In the final rejection, claims 28 through 32 also were rejected on the grounds
          of obviousness-type double patenting.  Since this rejection was not restated in the
          answer, it is assumed to have been withdrawn (see Ex parte Emm, 118 USPQ 180, 181 (Bd.
          App. 1957)) in light of the terminal disclaimer which is of record.         
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