Ex Parte LABOUREAU et al - Page 2




                Appeal No. 2004-1442                                                                                 Page 2                    
                Application No. 09/308,548                                                                                                     


                                                             BACKGROUND                                                                        
                         The appellants' invention relates to a left or right-oriented prosthetic ligament to                                  
                replace a biological joint ligament, and to several methods for making such pre-oriented                                       
                ligaments; these left-gyratory or right-gyratory ligaments can be especially used in knee                                      
                plasty to replace anterior or posterior cruciate ligaments whether for left or right knee                                      
                joints (specification, p. 1).  A copy of the dependent claims under appeal is set forth in                                     
                the appendix to the appellants' brief.  Claim 28, the only independent claim on appeal,                                        
                reads as follows:                                                                                                              
                                 A method for producing a prosthetic ligament to replace a natural joint                                       
                         ligament, said method comprising:                                                                                     
                                 first applying a predetermined torsion individually to each of a plurality of                                 
                         strands,                                                                                                              
                                 thereafter forming a bundle of said strands aligned in a parallel lengthwise                                  
                         relationship, each strand having a median part and first and second end parts,                                        
                                 securing said strands to each other at said respective first and second end                                   
                         parts to form first and second end sections of said bundle, said first and second                                     
                         end sections forming respective end members of said prosthetic ligament, and                                          
                         having sufficient length to be embedded in bone insertion tunnels of a joint, and                                     
                                 leaving said median parts of said strands unattached to collectively form a                                   
                         middle section of said bundle, said middle section of said bundle comprising a                                        
                         central member of said prosthetic ligament approximating a length of an intra-                                        
                         articular portion of a natural ligament.                                                                              


                         The prior art references of record relied upon by the examiner in rejecting the                                       
                appealed claims are:                                                                                                           
                Hlavacek et al.                                    4,792,336                        Dec. 20, 1988                              
                (Hlavacek)                                                                                                                     
                Li et al.                                          5,263,984                        Nov. 23, 1993                              







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