Appeal 2007-1707
Application 10/335,597
plate (22) which is “slidably mounted” on the bone plate enabling it to slide
over the anchorage screw head (15) to lock the screw into place (Assaker,
p. 2, ll. 9-23; p. 6, ll. 8-19; Fig. 2).
The Examiner contends that the aperture (12) through which the
anchorage screw fits combined with the sliding plate (22) is a “resilient
aperture” which is “configured to expand and contract for receiving a bone
screw” as required by claim 1 (Answer 4). The Examiner explains that
“Assaker clearly disclose an aperture which is defined in part by a slide 22
that alters the configuration of the aperture depending on its position. . . .
[O]ne common definition of resilient refers to an ability to ‘adjust easily’[],
which the device of Assaker clearly possesses” (Answer 4).
Appellants contend that
Assaker discloses a bone plate that utilizes a locking
mechanism to engage a bone screw. In particular, as shown
above in Figure 2, the bone plate includes a pair of large
cavities with a number of apertures therein that accommodate
screws for affixing the bone plate to bone. Each cavity includes
a slide (22) that slides over a portion of the opening of the
cavity to reveal or hide portions of the cavity that may
accommodate screws. When the slide (22) is in an open
position, a bone screw can be inserted through the aperture. The
slide (22) can then be moved to a closed position to engage the
screw. Accordingly, the aperture itself does not expand and
contract, as suggested by the Examiner, but rather a portion of
the aperture is covered by the slide. The actual size of the
aperture always remains the same.
(Br. 3.)
This rejection turns on the interpretation of the claimed “resilient
aperture . . . being configured to expand and contract for receiving a bone
screw.” To properly interpret the phrase, we first turn to the Specification
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