Appeal No. 1999-0925
Application No. 08/735,916
the cement in the two recesses 60 in the bone, and in the
recesses 58, 59 in the implant, all forms one single mass of
cement (as shown in Figs. 1 and 2). In other words, since the
second end portions of Walker’s cement bodies are joined
together, they do not meet the claimed requirement that the
cement bodies be "spaced apart."
We therefore will not sustain the rejection of claim 36,
or of claim 38, dependent thereon.
Conclusion
The examiner’s decision to reject claims 28 to 31, 33,
35, 36 and 38 to 40 is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES E. FRANKFORT ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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