Ex Parte Picha et al - Page 1




                  The opinion in support of the decision being entered today was not written              
                          for publication and is not binding precedent of the Board.                      
                                                                                                         
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                       
                                               __________                                                 
                              BEFORE THE BOARD OF PATENT APPEALS                                          
                                         AND INTERFERENCES                                                
                                               __________                                                 
                        Ex parte  GEORGE J. PICHA, and JEFFREY A. GOLDSTEIN                               
                                               __________                                                 
                                          Appeal No. 2007-0606                                            
                                        Application No. 10/011,338                                        
                                               __________                                                 
                                                ON BRIEF                                                  
                                               __________                                                 
            Before MILLS, GRIMES and LEBOVITZ, Administrative Patent Judges.                              
            MILLS, Administrative Patent Judge.                                                           

                                         DECISION ON APPEAL                                               
                  This is a decision on appeal under 35 U.S.C. § 134 from the Examiner's final            
            rejection of claims 1, 10, 30-31, 34-36, 38, 40-43, 45-46, 49-50, 54-55 and 58-59.            
                  Claim 1 is representative of the claims and reads follows:                              


                  1. A spinal implant comprising a hollow, generally tubular shell having an              
                           exterior surface, a first end, and a second end; a plurality of pillars        
                           projecting from said exterior surface in a regular array, said implant         
                           being adapted for inserting between naturally adjoining spinal vertebrae       
                           for fusing the naturally adjoining spinal vertebrae, each pillar having a      
                           height of 100-4500 microns and a dimension in a direction                      
                           perpendicular to the height of 100-4500 microns; said exterior surface         
                           having a plurality of holes therethrough to permit bone growth                 
                           therethrough, wherein said holes are interspersed among said pillars.          






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