Appeal No. 97-2783
Application 08/388,089
into the inner portion of the backing a distance almost equal to
two wire diameters (e.g., within the range of approximately 0.4
to 3 millimeters). Given that 1 inch equals 25.4 mm, 3mm trans-
lates to 0.118 inches and clearly demonstrates that the level of
penetration of the polymeric material of the cup into the pores
of the inner portion of the backing of Frey '355 falls within the
range set forth in appellants' claim 13 on appeal.
As for the recitation in claim 13 regarding the degree of
bone penetration into the outer portion (6) of the backing, we
note that the language of claim 13 is permissive, stating only
that the bone "may extend into said pores... a distance of at
least .035 inch" (emphasis added). Looking to the disclosure of
Frey '355 at column 2, lines 53 through column 3, line 8, and
particularly at the stated sizing of the wires of the layers (7a,
7b) of the outer portion (6) of the backing as indicated therein,
it is apparent that the pores of the outer portion of the backing
in Frey '355 clearly will allow bone penetration into the outer
portion (6) of the backing to a depth in excess of .035 inches.
Independent claim 1 on appeal sets forth that the portion of
the polymeric material of the cup that extends into the pores of
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