Appeal No. 2005-1675 Page 14
Application No. 09/523,503
(2) resecting the femur in accordance with the reference made in (1) (as shown in
Figures 11-19, the distal femur is cut (i.e., resectioned) in accordance with the
positioning of the anterior feeler gauge 91).
For the reasons set forth above by the examiner and this panel, claim 8 is
anticipation by White. Accordingly, the decision of the examiner to reject claim 8 under
35 U.S.C. § 102(b) as being anticipated by White is affirmed.
In the Grouping of Claims section of the brief (p. 3), the appellant states "that all
of the rejected claims stand or fall with claim 8." Accordingly, claims 9 to 13 and 16 fall
with claim 8. Thus, it follows that the decision of the examiner to reject claims 9 to 13
and 16 under 35 U.S.C. § 102(b) as being anticipated by White is also affirmed.
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