Ex Parte Lyren - Page 2

                Appeal 2006-2283                                                                               
                Application 10/375,343                                                                         

                      Appellant's invention is a dental implant having a bone fixation body                    
                formed of a completely porous structure.  The invention is an improvement                      
                over prior art dental implants having a bone fixation body formed of a thin                    
                porous coating applied to a non-porous metallic substrate of the implant                       
                (Specification 1-2).  Independent claim 1 is illustrative of the invention and                 
                reads as follows:                                                                              
                             1. A dental implant, comprising:                                                  
                                   a coronal body extending from a proximal                                    
                             end to a distal end and formed of a biocompatible                                 
                             metal having a transgingival section and an                                       
                             interface at the proximal end that is adapted to                                  
                             connect to a dental component; and                                                
                                   a bone fixation body extending from a                                       
                             proximal end to a distal end and formed of a                                      
                             completely uniform porous structure from the                                      
                             proximal to distal ends, the proximal end of the                                  
                             bone fixation body connected to the distal end of                                 
                             the coronal body.                                                                 

                      The Examiner relies upon the following as evidence of                                    
                unpatentability:                                                                               
                Small     US 4,439,152  Mar. 27, 1984                                                          
                Sutter     US 4,447,209  May 08, 1984                                                          
                Kawahara    US 4,957,819  Sep. 18, 1990                                                        
                Otani     US 5,049,074  Sep. 17, 1991                                                          
                Wagner    US 5,989,027  Nov. 23, 1999                                                          

                      Appellant seeks review of the Examiner’s rejections under 35 U.S.C.                      
                § 102(b) of claims 1-3, 5, 7, 8, 11, 12, and 15-18 as anticipated by Sutter and                
                claims 1, 2, 4, 5, 7-11, and 15-19 as anticipated by Otani and rejections                      
                under 35 U.S.C. § 103(a) of claims 1-3, 5-8, and 11-18 as unpatentable over                    

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