Appeal 2007-1526
Application 11/035,534
enhancements in strength may be desirable for some implant applications
(Specification 2: 10-17). Also, Appellants acknowledge that methods of
enhancing the physical or chemical properties of an implant surface to
stimulate bone growth and the repair process for better attachment thereof,
including the formation of micro-pitted surfaces are known (Specification 2:
18 - 3: 3).
Against this prior art factual background, we agree with the Examiner
that it would have been prima facie obvious for one of ordinary skill in the
art to use lower concentrations of HF acid, such as within the here-claimed
range, in treating the titanium implants of Haruyuki depending on the
application desired for the implant. After all, one of ordinary skill in the art
would understand that the value for adequate bond strength will differ
depending on the particular implant application. Haruyuki, read in isolation,
may have suggested that the relative bond strength for an implant treated
with a lower concentration of the acid would be lower than for an implant
treated with HF concentrations of from 1-6%. However, this suggestion by
Haruyuki, would not have dissuaded an ordinarily skilled artisan from
employing such lower concentrations range acids in treating the implant for
use in applications where the bond strength required is relatively low. In
addition, taking the disclosure of Haruyuki in light of the admitted prior art
set forth in Applicants’ Specification, an ordinarily skilled artisan would
have recognized the value of adding smaller depression or pits in the surface
of the implant in furnishing a suitable implant material. Thus, we do not
agree with Appellants’ argumentation suggesting one of ordinary skill in the
art would have been dissuaded from such a modification of the HF
concentration in the treating solution of Haruyuki (Reply Br. 1 and 2).
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