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
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007