Ex Parte Hunter et al - Page 5


                Appeal No.  2006-3075                                                       Page 5                 
                Application No.  10/313,205                                                                        
                thickness on articulating surfaces of the prosthesis3 and (2) irregular surface                    
                structures adapted to accommodate tissue ingrowth on a portion of the                              
                prosthesis body.4  Hunter illustrates “[a] typical hip joint assembly” in Figure 1,                
                wherein the femoral head 6 of the prosthesis fits into and articulates against the                 
                inner lining 8 of an acetabular cup 10. . . .”  Hunter, page 6, lines 4-7.  Further                
                referencing Figure 1, Hunter teaches that “[a] porous metal bead or wire mesh                      
                coating 12 may be incorporated to allow stabilization of the implant by ingrowth of                
                surrounding tissue into the porous coating.”  Hunter, page 6, lines 7-9.  Hunter                   
                provides a method for producing a low friction, wear resistant oxide coating of                    
                uniform thickness on articulating surfaces of a prosthesis.  See e.g., Hunter,                     
                pages 8-10.                                                                                        
                       Amrich provides a method for producing irregular surface structures on a                    
                prosthesis (e.g., an artificial hip5) adapted to accommodate tissue ingrowth on a                  
                portion of the prosthesis body.  No doubt the “irregular surfaces contemplated by                  
                Hunter . . . were the conventional irregular surfaces used on prosthetic devices at                
                the time of Hunter . . . .”  Brief, page 12.  This does not, however, preclude a                   
                combination wherein Hunter’s “irregular surfaces” are replaced by Amrich’s                         
                improved irregular surface structures.6                                                            


                                                                                                                   
                3 See, e.g., Hunter, page 5, lines 21-24; and page 10, lines 16-20.                                
                4 See, e.g., Hunter, page 5, lines 21-24; and page 6, lines 7-10.                                  
                5 Amrich, column 1, lines 22-32.                                                                   
                6 The reverse is equally tenable, wherein Amrich is modified by Hunter resulting in a prosthetic   
                metallic substrate with improved irregular surface structures for bone ingrowth and oxidized       
                regions where the prosthetic articulates.                                                          





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