Appeal No. 1998-2808
Application No. 08/733,464
slots 25, 26 formed integrally with one end of the shell. The
shell 20 is provided with a plurality of elongated apertures
29 disposed about the circumference of the shell. In order to
secure the implant within the body of a vertebra, the shell 20
is provided with screw threads extending from the flange to
the apertures 29 (col. 3, lines 72-74).
The examiner acknowledges that Feinberg does not teach
the thread profile recited in claim 7, but argues that the
specific thread profile claimed is well known in the art of
bone screws and “would have been directly obvious from the
discussion pertaining to infants in column 4, lines 2-7, and
from the inherent geometry of raised knurls (Figure 5), in
order to accommodate the ‘cartilage-bone’ in infants as well
as other situations in humans generally” (final rejection,
pages 3 and 4).
The appellants argue (main brief, page 10) that the
examiner has failed to explain why the invention set forth in
claim 7 would have been obvious from column 4, lines 2-7 of
Feinberg. In addition, the appellants challenge the
examiner’s statement regarding what is well known in the bone
5
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