Ex parte KUSLICH et al. - Page 5

          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               


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