Appeal No. 1998-2827
Application 08/614,494
parallel to a fixed straight line and intersecting a
plane curve. b. The part of such a surface bounded
by two parallel planes and the regions of the planes
bounded by the surface. c. A solid bounded by two
parallel planes and such a surface having a closed
curve, esp. a circle, as a directrix.[3]
Clearly, this definition does not apply very well to
appellant’s disclosed implant. In particular, appellant’s
implant includes, inter alia, screw threads (49), a helical
channel (53), diametrical holes (57), and a tapered end (55),
none of which is consistent with the above quoted definition
of “cylinder.”
It is an essential prerequisite that the scope and
content of the claimed subject matter be fully understood
prior to application of the prior art thereto. However, in
this instance, we will not attempt to ascribe any particular
definition to the terminology “cylinder” as used herein.
Instead, for purposes of addressing the examiner’s rejections,
3Webster’s II New Riverside University Dictionary, The
Riverside Publishing Company (copyright © 1984 by Houghton
Mifflin Company, Boston, MA 02108).
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