Appeal 2007-2608
Application 10/473,998
DISCUSSION
The Specification describes “[a] system of intervertebral disc
prostheses . . . which includes standard prostheses and corrective prostheses”
(Spec. ¶ 41), wherein “the centre of articulation of a [corrective] prosthesis
relative to the vertebral body . . . is offset ventrodorsally compared to the
standard prostheses” (id. at ¶ 5).
As explained in more detail in the Specification,
[i]t is known to replace damaged intervertebral discs with
prostheses which consist of two cover plates, each to be
connected to an adjacent vertebral body, and a prosthesis core,
said prosthesis core cooperating with one or both cover plates
via complementary spherical surfaces of articulation . . . The
cover plates have contact surfaces by means of which they are
connected to the adjacent vertebral bodies . . . the centre of
articulation of the prostheses [is] arranged in such a way that
the movements permitted by the prosthesis are as far as possible
identical to the natural ones and that forces can be transmitted
uniformly between the vertebral bodies and the prosthesis. . . .
this objective is approached by arranging the centre of
articulation in a predetermined spatial relationship to the
contact surfaces of the cover plates and by providing the cover
plates with an edge which bears on the ventral margin of the
associated vertebral body and thereby determines the relative
position of the cover plate to the vertebral body . . .
(Spec. ¶ 1).
According to the Specification, “in the standard prosthesis, [the
contact surface’s centre point] coincides with the centre of articulation
of the prosthesis” (Spec. ¶ 29). Thus, when a “standard” prosthesis is
1 The paragraph numbering refers to the published application,
2004/0153157, published Aug. 5, 2004.
2
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