Appeal 2007-2372
Application 10/395,654
demineralized bone provides a degree of flexibility to the plate such that it
can be manipulated to conform to the surface to which it is secured, e.g., the
vertebrae” (Morris, p. 1, par. 15).
11. The method of Claim 29 inserts the body portion of the implant
into the disc space between adjacent vertebrae (Br. App. A).
12. Michelson teaches that “implant 200 is inserted into an
implantation space formed across the disc space into the adjacent vertebral
bodies” (Michelson, p. 4, par. 53).
13. The method of Claim 29 secures “the flexible upper flange
member to the body of the upper vertebra” and “the flexible lower flange
member to the body of the lower vertebra” (Br. App. A).
14. Michelson teaches that “[f]langed portion 118 includes bone
screw receiving holes 124 for receiving bone screws 170 for securing
implant 100 to the adjacent vertebral bodies” (Michelson, p. 3, par. 45).
Discussion
To establish the obviousness of the claimed subject matter, all the
claim limitations must be taught or suggested by the prior art. In re Royka,
490 F.2d 981, 985, 180 USPQ 580, 583 (CCPA 1974). “All words in a
claim must be considered in judging the patentability of that claim against
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