Ex Parte BIERMANN et al - Page 2




          Appeal No. 2001-0611                                                        
          Application No. 08/742,733                                                  


               Appellants’ invention pertains to an orthopedic implant for            
          replacing a missing or diseased portion of bone.  A further                 
          understand of the invention can be derived from a reading of                
          exemplary claims 11 and 26, reproduced below:                               
               11.  An orthopedic implant for replacing a missing or                  
          diseased portion of bone, the implant comprising:                           
               a thermoplastic polymer having an elastic modulus                      
          approximating the elastic modulus of bone; and                              
               a biocompatible material partially embedded in the surface             
          of the implant.                                                             
               26.  An intramedullary implant for replacing a missing or              
          diseased portion of bone comprising:                                        
               a first piece comprising a first end for insertion into the            
          medullary cavity of a bone and a second end having a protruding             
          member thereon;                                                             
               a second piece comprising a first end for insertion into the           
          medullary cavity of a bone and a second end having a cavity                 
          formed therein for receiving the protruding member on the second            
          end of the first piece; and                                                 
               means for resisting rotation between the first and second              
          pieces;                                                                     
               wherein the rotation resisting means comprises a flute on              
          the protruding member and a corresponding fluted opening in the             
          cavity.                                                                     
               The references cited in the final rejection are:                       
          Goble et al. (Goble)          5,417,692           May  23, 1995             
          Moumene et al. (Moumene)      5,443,513           Aug. 22, 1995             
          Bokros                        4,038,703           Aug. 02, 1977             


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