Appeal No. 1997-1145 Page 5
Application No. 08/210,229
screwdriver intended for use in installing implant 20
(disclosed but not illustrated) together constitute the
required elongate applicator. We cannot agree with this
reasoning.
Screw 4 is disclosed as a compression fixture which
functions to attach together implant 20 and supporting tube
plate member 10. Not only is screw 4 not disclosed as being
involved in the placement of the implant in position relative
to the skeletal structure with which it is to interact, but it
does not appear that screw 4 can even be installed until after
the implant is in place. The only element disclosed as being
used in installing the implant is the screwdriver, which
engages slot 22 on the proximal end of the implant. In any
event, it is our opinion that screw 4 and the screwdriver
cannot be considered as the claimed “applicator” because they
are not capable of performing in the manner required by the
claim. Specifically, claim 1 requires that the “applicator”
perform three functions, the first of which is “inserting said
implant into the region from which a portion of the
intervertebral disk has been removed.” One of ordinary skill
in the art would understand from the explanation of the
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