Ex parte PISHARODI - Page 2




          Appeal No. 1997-1145                                       Page 2           
          Application No. 08/210,229                                                  


          22 have been allowed, and claims 5, 6 and 20 have been                      
          indicated as containing allowable subject matter.                           
               The appellant's invention is directed to a vertebral disk              
          stabilizer.  The claims before us on appeal have been                       
          reproduced in an appendix to the Brief.                                     


                                    THE REFERENCES                                    
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Kuntz                    4,349,921                Sep. 21, 1982             
          Meyers                   5,324,292                Jun. 28, 1994             
                                                  (Filed Feb. 10, 1993)               


                                    THE REJECTIONS                                    
               Claim 4 stands rejected under 35 U.S.C. § 112, second                  
          paragraph, as being indefinite in that it fails to particularly             
          point out and distinctly claim the subject matter which the                 
          appellant regards as the invention.                                         
               Claims 1-4, 16 and 17 stand rejected under 35 U.S.C. §                 
          102(e) as being anticipated by Meyers.                                      
               Claims 1-3, 16 and 17 stand rejected under 35 U.S.C. §                 
          102(b) as being anticipated by Kuntz.                                       







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