Ex Parte Michelson - Page 2



          Appeal No. 2005-1002                                                        
          Application No. 09/991,247                                                  

          spinal disc” (Specification, page 1).  Representative claim 1               
          reads as follows:                                                           
               1. A system including an interbody spinal implant for                  
          insertion at least in part into an implantation space formed                
          across a disc space between adjacent vertebral bodies of a human            
          spine and into at least a portion of the endplates of the                   
          vertebral bodies, said implant comprising:                                  
               a body having a leading end for insertion first into the               
          disc space and a trailing end opposite said leading end;                    
               opposite upper and lower surfaces adapted to be placed in              
          contact with and to support the adjacent vertebral bodies;                  
               opposite sides between said leading and trailing ends and              
          between said upper and lower surfaces, said upper and lower                 
          surfaces being arcuate in a direction from one of said opposite             
          sides to another of said opposite sides;                                    
               a plurality of forward-facing projections extending from               
          said upper and lower surfaces for engaging the adjacent vertebral           
          bodies, at least one of said projections having a leading face              
          and a rearward portion, said leading face and said rearward                 
          portion each having a length and a slope, the length of said                
          leading face being longer than the length of said rearward                  
          portion, the slope of said rearward portion being steeper than              
          the slope of said leading face;                                             
               an opening passing through said upper and lower surfaces for           
          permitting for the growth of bone from adjacent vertebral body to           
          adjacent vertebral body through said implant; and                           
               said implant being manufactured from a composite of cortical           
          bone particles and at least one bioresorbable material, said                
          cortical bone particles and said at least one bioresorbable                 
          material being combined to form a machinable material from which            
          said implant is manufactured.                                               
                                    THE PRIOR ART                                     
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Michelson                  5,484,437    Jan. 16, 1996                       
          (Michelson ‘437)                                                            



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