Appeal No. 2003-1395
Application No. 09/497,123
B. The Rejection over Rabbe
The examiner finds that Rabbe, as shown in Figure 3,
discloses an end member 22 for a bone implant having a first
portion 35 and a second portion 37 with a shoulder integral with
the first portion and capable of being sized to rest on an edge
of the implant (Answer, page 5). The examiner further finds that
the top surface of the end member of Rabbe is a flat planar
surface that has first and second channels 47 extending from an
edge and these channels are fully capable of receiving an
instrument. Id. The examiner also notes that Rabbe teaches a
plurality of teeth 120 in a two dimensional array on the top
surface. Id.
Appellants argue that element 35, which the examiner
alleges to be a shoulder, is not sized to rest on an edge of the
implant since flange 35 has internal threading which goes outside
of threaded cylindrical body 21, with flange 35 never contacting
body 21 (Brief, pages 5-6; Reply Brief, page 4). This argument
is not persuasive since Rabbe teaches that the threading can be
reversed, i.e., the internal threads may be on the cylindrical
body 21 while the external threads may be on the cylinder 37,
thus resulting in a cylindrical body 21 slightly larger in
diameter than the diameter of the cylinder 37 (see col. 7, ll.
7
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