Ex Parte Ferree - Page 8

                Appeal  2007-3762                                                                            
                Application 10/422,282                                                                       
                to which element 2 is attached.  The same is true of element 2 and the                       
                vertebral base plate to which element 1 is attached.  Stated differently,                    
                Büttner-Janz’s device is adapted to articulate with an upper and a lower                     
                vertebral endplate.                                                                          
                      For the foregoing reasons we affirm the rejection of claim 10 under 35                 
                U.S.C. § 102(b) as being anticipated by Büttner-Janz.                                        
                                                                                                            
                                              CONCLUSION                                                     
                      In summary, we affirm the rejection of claims 1 and 10 under 35                        
                U.S.C. § 102(b) as being anticipated by Büttner-Janz.  Claims 2 and 5-8 fall                 
                together with claim 1.                                                                       
                      No time period for taking any subsequent action in connection with                     
                this appeal may be extended under 37 C.F.R. § 1.136(a).                                      

                                                AFFIRMED                                                     






                Ssc                                                                                          

                GIFFORD, KRASS, SPRINKLE, ANDERSON                                                           
                & CITKOWSKI, P.C.                                                                            
                P.O. BOX 7021                                                                                
                TROY, MI 48007-7021                                                                          



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