Ex Parte Lyren - Page 7

                Appeal 2006-2283                                                                               
                Application 10/375,343                                                                         

                inserted within the jawbone through a surgical incision in the gum tissue.                     
                The cylinder and plug are retained for a healing period of several months                      
                while adjacent bone tissue grows into and through the mesh.  The surgeon                       
                then cuts the gum tissue again, removes the plug from the cylinder, and                        
                threads a titanium replacement abutment retaining device 33 into the                           
                cylinder.  The abutment retaining device projects from the jawbone and gum                     
                tissue for attachment of a dental prosthesis (col. 2, ll. 33-53; col. 4, l. 54 to              
                col. 5, l. 29).                                                                                
                9. Wagner discloses a dental implant having multiple textured surfaces.                        
                With reference to Fig. 1, a first surface region 24 is sufficiently porous to                  
                permit growth of bone therein (col. 3, ll. 64-65).  A second surface region 26                 
                comprises a non-porous biocompatible metal that is sufficiently rough to                       
                permit bone to attach thereto (col. 4, ll. 15-17).  A third surface region 28                  
                comprises a non-porous biocompatible metal that is substantially smooth                        
                (col. 4, ll. 37-38).  As illustrated in Fig. 5, Wagner discloses a further                     
                embodiment wherein the porous coating 38’’’ of first surface region 24’’’ is                   
                formed with a macrotexture, including concave and convex features such as                      
                dimples, grooves, or ridges (col. 5, ll. 28-32).  The Examiner relies on                       
                Wagner for the teaching of the macrotexture in Fig. 5.                                         

                                                 ANALYSIS                                                      
                      Appellant argues that Sutter does not anticipate independent claims 1,                   
                7, and 16 because Sutter does not disclose a bone fixation body formed of a                    
                “porous” structure, as “porous” is defined in Appellant’s Specification (Br.                   
                7).  Specifically, Appellant contends that Sutter’s through holes 73e are                      


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