The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board. UNITED STATES PATENT AND TRADEMARK OFFICE __________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES __________ Ex parte GEORGE J. PICHA, and JEFFREY A. GOLDSTEIN __________ Appeal No. 2007-0606 Application No. 10/011,338 __________ ON BRIEF __________ Before MILLS, GRIMES and LEBOVITZ, Administrative Patent Judges. MILLS, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134 from the Examiner's final rejection of claims 1, 10, 30-31, 34-36, 38, 40-43, 45-46, 49-50, 54-55 and 58-59. Claim 1 is representative of the claims and reads follows: 1. A spinal implant comprising a hollow, generally tubular shell having an exterior surface, a first end, and a second end; a plurality of pillars projecting from said exterior surface in a regular array, said implant being adapted for inserting between naturally adjoining spinal vertebrae for fusing the naturally adjoining spinal vertebrae, each pillar having a height of 100-4500 microns and a dimension in a direction perpendicular to the height of 100-4500 microns; said exterior surface having a plurality of holes therethrough to permit bone growth therethrough, wherein said holes are interspersed among said pillars.Page: 1 2 3 4 5 6 7 8 9 10 11 12 Next
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