Ex parte RICHELSOPH - Page 3




              Appeal No. 2000-0198                                                               Page 3                
              Application No. 08/400,178                                                                               


              respective positions articulated by the appellant and the examiner.  As a consequence of                 
              our review, we make the determinations which follow.                                                     
                     The appellant’s invention is directed to a system for allowing trials to determine the            
              dimensions of a replacement prosthesis to be surgically implanted in the medullary canal                 
              of a bone of an individual patient during an operation and for producing a custom trial                  
              prosthesis to articulate with a coacting articulation surface of a joint during trial reduction of       
              the joint.  As manifested in independent claim 22, the invention comprises a plurality of trial          
              head components of different dimensions, a plurality of trial stem components of different               
              dimensions, and a quick release interlock means for joining a selected trial head                        
              component to a selected trial stem component to produce a custom prosthesis.  It is the                  
              examiner’s view that all of the subject matter rejected in this claim is disclosed in Kenna,             
              except for providing multiple components in different sizes and release interlock means                  
              that operate in the longitudinal direction, both of which are required by the claim.  However,           
              the examiner concludes that it would have been obvious to one of ordinary skill in the art to            
              modify the Kenna system by providing multiple sizes of components in order to implant the                
              devices in patients of different sizes, in view of the teachings of Demane, and to utilize a             
              longitudinally operating release interlock means, in view of Schelhas.                                   
                     The test for obviousness is what the combined teachings of the prior art would have               
              suggested to one of ordinary skill in the art.  See, for example, In re Keller,                          









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