Ex Parte MOSLER et al - Page 2




              Appeal No. 2003-1359                                                                     2               
              Application No. 09/285,260                                                                               


                                                   THE INVENTION                                                       
                     Appellants’ invention pertains to a resilient insert for an artificial foot, wherein the          
              insert comprises at least one spring element for determining the spring rigidity of the                  
              artificial foot, and an adapting device for changing the spring rigidity of the spring element           
              in response to a load placed on the artificial foot.  A further understanding to the invention           
              can be derived from a reading of exemplary claims 1 and 24 which appear in the appendix                  
              to appellants’ main brief.                                                                               
                                              THE APPLIED PRIOR ART                                                    
                     The references applied by the examiner against the claims in the final rejection are:             
              Robinson                                  4,892,554                  Jan.   9, 1990                      
              Phillips                                  5,728,177                  Mar. 17, 1998                       
                                                  THE REJECTIONS                                                       
                     Claims 1, 3 and 24-26 stand rejected under 35 U.S.C. § 112, second paragraph.1                    
                     Claims 1 and 23-29 stand rejected under 35 U.S.C. § 102(b) as being anticipated                   
              by Robinson.                                                                                             
                     Claims 1 and 23-29 stand further rejected under 35 U.S.C. § 102(b) as being                       
              anticipated by Phillips.                                                                                 





                     1In that claims 1, 3 and 24 constitute all the independent claims on appeal, it is                
              not clear why the examiner did not include all the appealed claims in this rejection.                    







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