Appeal No. 97-2783 Application 08/388,089 cup in a radially inner portion thereof (e.g., 2) and (b) adapted for allowing ingrowth of bone in the radially outer portion thereof (e.g., 6). At issue in this case with regard to appellants' independent claim 13 is whether Frey '355 discloses or teaches an arrangement wherein said polymeric cup extends into said pores at said radially inner portion a distance of at least .050 inch and wherein the bone may extend into said pores at said radially outer portion a distance of at least .035 inch (claim 13, lines 7-9). Given the disclosure in Frey '355 (col. 2, lines 50-52), that the wires (3) of the inner portion (2) of the grid seen in Figure 1 are each made from a metal wire having a diameter of "between 0.2 and 1.5 millimeters," we must agree with the examiner that Frey '355 clearly meets the requirement of appellants' claim 13 concerning penetration of the polymeric material of the cup into the pores of the inner portion of the backing "a distance of at least .050 inch." Figure 1 of Frey '355 shows the top surface of the polymeric material which penetrates into the pores of the inner portion (2) of the backing at (5). Thus, it is apparent that the polymeric material extends 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007