Appeal 2007-2608
Application 10/473,998
Erickson’s “FIG. 33 is a cross-section view through another
embodiment of an intervertebral prosthetic device” (Erickson, col. 3, ll.
33-34). Figure 33 is reproduced below:
The Examiner contends that Erickson “discloses a system of
intervertebral disc prostheses which includes standard prostheses (e.g. Fig.
33) and corrective prostheses (e.g. Fig. 7)” (Answer 3), and “the corrective
prostheses have a corrective coverplate whose core-matching surface (31) is
offset ventrodorsally relative to the contact surface by comparison with the
standard prostheses” (id.). In addition, the Examiner finds that “the term
‘system’ . . . can be read in the present application extremely broadly as, for
example, a kit . . . or even an entire class/subclass of intervertebral
prostheses” (Answer 3).
Appellant contends that “[i]n Erickson, both cover plates or end
pieces 20 and 21 [of Figure 7] are offset in only one direction (dorsally as
shown), in contrast to Appellant’s explicitly recited limitation where the
cover plate is offset ventrodorsally” (Appeal Br. 10). In essence, Appellant
argues that Erickson does not disclose a corrective prostheses like the one
illustrated in Figure 5 or 7 of the present Specification, reproduced above,
wherein the center of the cover plate on one side of the core is offset from
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