Ex Parte Hamada - Page 2

                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                                                          



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