Ex Parte MOSLER et al - Page 8




              Appeal No. 2003-1359                                                                     8               
              Application No. 09/285,260                                                                               


              Hence, appellants’ argument (main brief, page 9) in this regard with respect to claim 24                 
              also is well taken, thereby providing an additional basis for not sustaining the anticipation            
              rejection of claims 24 and 28 based on Robinson.                                                         
              The anticipation rejection based on Phillips                                                             
                     In this rejection, the examiner finds correspondence between lower foot plate 22 of               
              Phillips and the claimed first spring element comprising at least one forefoot leaf spring,              
              correspondence between upper ankle plate 24 of Phillips and the claimed second spring                    
              element located at least in part in the heel region, and correspondence between foam                     
              block 26 of Phillips and the adapting device of claim 1 and means for changing of claim                  
              24.  Be that as it may, we perceive nothing in Phillips that can reasonably be considered                
              as satisfying the requirements of the last paragraphs of claims 1 and 24 regarding                       
              changing the “spring rigidity” and “bending resistance” of the forefoot leaf spring in                   
              response to a load being placed on the artificial foot which causes flexing of the second                
              spring element.  More particularly, nothing in Phillips indicates that flexing of foam block             
              24 directly results in a physical change in element 14 to effect a change in its                         
              characteristic resistance to bending in response to a load being placed on the artificial foot           
              which causes flexing of the second spring element.  For this reason, the examiner’s                      
              anticipation rejection based on Phillips cannot be sustained.                                            











Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007