Appeal 2007-2372
Application 10/395,654
Even though an express reason to combine prior art teachings may not
be required, in this case a reason to combine is provided. Morris states
(Morris, p. 3, par. 37):
When plate 12 is formed from bone, it may be partially or fully
demineralized using, for example, a controlled acid treatment. Plate
12 may be partially demineralized to provide 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.
Thus, Morris provides a specific reason to demineralize the flanged portions
of Michelson’s implant. It is to provide the insert retaining means with a
degree of flexibility to conform to the surface of the vertebrae to which it is
secured.
Furthermore, Michelson states (Michelson, p. 2, par. 41; emphasis
added):
As used herein, the term “implant” includes any interbody spinal
fusion implant regardless of the material from which it is formed,
including specifically surgical quality metal, plastics, ceramics,
cortical bone, and other materials useful for the intended purpose,
including materials that may be in whole or in part bioresorbable.
Thus, Michelson allows for a variety of materials useful for the intended
purpose to be used in the implant. Demineralized bone, as Morris teaches, is
useful for the purpose of conforming Michelson’s securing means to the
vertebrae to which they attach. Additionally, Michelson teaches that “[t]he
implant can include at least in part materials that are bioabsorbable in the
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