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.
2
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