Ex parte KUSLICH et al. - Page 2




          Appeal No. 1998-2808                                                        
          Application No. 08/733,464                                                  


          and 17 were canceled subsequent to the final rejection.   At1                    
          oral hearing, the appellants withdrew the appeal with respect               
          to claim 14.  Accordingly, the appeal with respect to claim 14              
          is dismissed.  Claims 7 through 10, 15 and 16 remain on                     
          appeal.                                                                     
               We REVERSE.                                                            
               The subject matter on appeal is directed to a threaded                 
          spinal implant used to rigidly join vertebrae.  An                          
          understanding of the invention can be derived from a reading                
          of exemplary claim 7 which appears in “Appendix A” of                       
          appellants’ brief.                                                          
               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Feinberg                 3,298,372                     Jan. 17,             
          1967                                                                        
               Claims 7 through 10, 15 and 16 stand rejected under                    
          35 U.S.C.  103 as being unpatentable over Feinberg.2                       


               See Paper No. 17.1                                                                     
               Claim 10 was also rejected in the final rejection under 35 U.S.C.2                                                                     
           112, second paragraph, as being indefinite.  However, subsequent to the   
          final rejection, claim 10 was amended (Paper No. 17) to overcome the  112  
          rejection.  See Paper No. 18.                                               
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