Ex Parte Masini - Page 2




              Appeal No. 2005-1675                                                                 Page 2                
              Application No. 09/523,503                                                                                 



                                                    BACKGROUND                                                           
                     The appellant's invention relates generally to orthopedic surgery and, in                           
              particular, to alternative depth referencing in conjunction with knee-replacement surgery                  
              (specification, p. 1).  A copy of the claims under appeal is set forth in the appendix to                  
              the appellant's brief.                                                                                     


                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Whiteside                          4,474,177                           Oct. 2, 1984                        
              White                              5,662,656                           Sept. 2, 1997                       


                     Claims 8 to 13, 15 and 16 stand rejected under 35 U.S.C. § 102(b) as being                          
              anticipated by Whiteside.                                                                                  


                     Claims 8 to 13 and 16 stand rejected under 35 U.S.C. § 102(b) as being                              
              anticipated by White.                                                                                      


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                       
              the appellant regarding the above-noted rejections, we make reference to the final                         
              rejection and the answer for the examiner's complete reasoning in support of the                           








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