Ex parte PHILLIPS - Page 4

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

          surface on the top side (defined by the socket member 50) and               
          a flat mating surface on the bottom side (formed on the                     
          extension 54) and a foot member having a flat mating surface                
          56" (final rejection, pages 3 and 4).  The examiner also finds              
               [s]hear forces produced by axial loads placed                          
               on the leg prosthesis of Sackett occur in at least                     
               two ways.  Firstly, an axial load associated with                      
               the weight of the amputee generally imparts torque                     
               about the cross bolt 54' such that torsion (and thus                   
               shear) exists on the mating flat surfaces of                           
               elements 54 and 55 in the Sackett device.  Secondly,                   
               during the swing phase of a gait cycle, the weight                     
               of the foot member combined with the upward pull                       
               exerted on the cast fitting 44 effects                                 
               longitudinally directed forces which, at the level                     
               of the flat mating surfaces, take on the form of                       
               shear stresses.  . . .  The curved mating surface                      
               within the socket member 50 of Sackett is clearly                      
               capable of mating with a complemental round pylon so                   
               as to achieve shear forces on the resultant coupled                    
               surfaces; this is accomplished, for example, by                        
               securing the two parts with laterally oriented bolts                   
               or by bonding the curved surfaces together with an                     
               adhesive.  Thus the functional language set forth in                   
               Appellant’s claim 28, lines 9-13, is plainly met by                    
               the structure of the Sackett components [answer,                       
               page 4].                                                               
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under principles of                       
          inherency, each and every element of a claimed invention.  RCA              
          Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,              


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