Ex Parte Miller - Page 4



          Appeal No. 2005-0878                                                        
          Application No. 09/911,620                                                  

          structure 3b of Eberl corresponds to appellant’s prosthesis and             
          clearly does not correspond to the claimed comfort pad (Brief,              
          page 6).                                                                    
               Appellant’s arguments are not persuasive.  Eberl clearly               
          teaches a mastoprosthesis made of a soft synthetic member (i.e.,            
          synthetic material member 7), where the back side of the                    
          mastoprosthesis is provided with a concavity which is filled with           
          a pad member (i.e., pad member 3b; see col. 1, ll. 6-9, 15-18,              
          39-43, and 45-52).  Eberl teaches that this pad member 3b is                
          releasably connected to the synthetic material member by Velcro             
          strip fasteners to facilitate removal for washing or replacement            
          (col. 1, l. 65-col. 2, l. 15).  Accordingly, Eberl teaches a                
          prosthesis having a front and rear surface, with the rear surface           
          capable of being positioned adjacent to a wearer’s body, a pad              
          having a shape “generally congruent” to the shape of the                    
          prosthesis, and hook and loop means for removably attaching the             
          pad to the rear surface of the prosthesis (see Figure 3 of                  
          Eberl).                                                                     
               For the foregoing reasons and those stated in the Answer, we           
          determine that the examiner has established that Eberl describes            
          every limitation found in claim 19 within the meaning of section            

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