Appeal 2007-2643 Application 10/165,805 INTRODUCTION The claims are directed to an intervertebral measuring instrument. Claims 1 and 27 are illustrative: 1. An intervertebral measuring instrument for use in spine surgery comprising: a first portion fittable with respect to a second portion, said first and said second portions to form an intervertebral implant shape having opposing load distribution surfaces shaped for substantially even contact of adjacent vertebra above and below an intervertebral space for insertion into said intervertebral space; a load cell mounted to receive a force of said first portion toward said second portion; and information transmission structures associated with said load cell for transmitting information about a measured force of said first portion toward said second portion away from said load cell. 27. An intervertebral measuring instrument for use in spine surgery comprising: a first portion fittable with respect to a second portion, at least a part of said first and said second portions to form an intervertebral implant shape having opposing load distribution surfaces shaped for substantially even contact of adjacent vertebra above and below an intervertebral space for insertion into said intervertebral space; a load cell mounted on at least one of said first and second portions to receive a force of displacement said first portion with respect to second portion; and information transmission structures associated with said load cell for transmitting information about a measured force of said first portion with respect to said second portion away from said load cell. The Examiner relies on the following prior art reference to show unpatentability: Yen US 5,456,724 Oct. 10, 1995 2Page: Previous 1 2 3 4 5 6 7 8 Next
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