Ex Parte Keller - Page 8

                Appeal 2007-2608                                                                              
                Application 10/473,998                                                                        

                to back (splitting the body into right and left sections).  It has the same                   
                orientation as a vertical plane passing through an intervertebral prosthesis                  
                from the dorsal surface to the ventral surface.  According to Erickson, “[a]s                 
                best seen in FIGS. 6 and 7, first end articular surface 31 can be spherical 32.               
                As best appreciated in FIG. 7, although the first end piece 20 and first end                  
                articular surface 31 both have circular perimeters, the central axis EA [sic,                 
                EN in the figure] of the first end piece 20 need not be coaxial with the                      
                central axis SA of the first end piece articular surface” (Erickson, col. 7, ll.              
                7-12).  Figures 6 and 7 of Erickson are reproduced below:                                     










                      As Erickson explains, “[i]f inserted into an intervertebral space of a                  
                patient, FIG. 7 would be a left lateral view” (Erickson, col. 6, ll. 49-50).                  
                Thus, Erickson’s Figure 7 shows a prosthesis with an end piece (or cover                      
                plate) in which the center of the articular (or core-matching) surface, and the               
                center of the contact surface, are offset relative to each other in the                       
                ventrodorsal plane or direction.                                                              




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