Ex Parte BIERMANN et al - Page 5




          Appeal No. 2001-0611                                                        
          Application No. 08/742,733                                                  


          thereto.  According to Moumene (see the Abstract), the beam                 
               is made from an elongated core formed of chopped carbon                
               fibers embedded in a thermoplastic polymer matrix.                     
               Encasing the core is a sheath formed of carbon                         
               reinforced filament fibers embedded in the                             
               thermoplastic polymer which is wound in spiral                         
               formation around the core and molded thereto.  The                     
               winding angle and the sheath thickness along the beam                  
               may be varied to vary the modulus of elasticity to                     
               match that of the cortical bone adjacent thereto.                      
          Moumene states that “[i]f desired, the mold [for making the                 
          implant] may include a roughened surface to impart such a surface           
          to the outer surface of the prosthesis, such as for fixation                
          enhancement by tissue ingrowth” (column 8, lines 32-35).                    
               Bokros relates to a prosthetic device “having an exterior              
          surface portion of carefully controlled and uniform porosity so             
          as to promote the ingrowth of tissue and/or bone structure and              
          thereby create long-lasting joinder” (column 1, lines 34-37).               
          This is accomplished through the use of helical coil metal                  
          springs secured to the exterior surface of the prosthesis.                  
          According to Bokros, “the use of helical coil springs has been              
          found not only to provide a ready and relatively inexpensive                
          solution to the problem but to also provide a porous surface                
          region the porosity of which can be precisely controlled” (column           
          2, lines 15-19).  More particularly, porosity can be controlled             


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