Ex parte FRIGG - Page 4




          Appeal No. 1999-0713                                                        
          Application 08/325,629                                                      


          corresponding arguments in the briefs, claims 11, 14, 16 and                
          17 shall stand or fall with claim 15, claims 10 and 13 shall                
          stand or fall with claim 12 and claim 9 shall stand or fall                 
          alone.                                                                      
          II. Group I - claims 11 and 14 through 17                                   
               Puno, the examiner’s primary reference, discloses “an                  
          apparatus for posterior internal fixation of the spine”                     
          (column 1, lines 6 and 7).  In general, the apparatus includes              
          a stainless steel rod 18 adapted to span the vertebrae to be                
          immobilized and a series of stainless steel anchors 16                      
          designed to secure the vertebrae to the rod (see Figure 1).                 
          Of particular interest is the embodiment shown in Figures 7                 
          and 8 wherein each of the anchors comprises a transpedicular                
          screw 21 and a rod support 116.  As described by Puno,                      
               rod support 116 includes a U-shaped head 117 which                     
               defines a rod-receiving channel 118 having a depth                     
               which exceeds the diameter of the rod 18.  The rod                     
               18 engages the channel 118 and is secured within the                   
               channel 118 by wires 120 which extend through bores                    
               122 transverse to the longitudinal axis of the rod                     
               18.  The head 116 includes on its underside, two                       
               fillets 124 which act to grip the bone.  In the                        
               second embodiment, the rod support 116 is                              
               countersunk 123 to accommodate the screw head 30.                      
               . . . [T]he screw may be an integral portion                           
               of the anchor.  It is preferable however, that the                     
               screw is a separate member having . . . freedom of                     
               movement [column 6, lines 7 through 20].                               
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