Appeal 2007-2643
Application 10/165,805
The rejection as presented by the Examiner is as follows:
Claims 1-6 and 19-28 stand rejected under 35 U.S.C. § 102(b), as
being anticipated by Yen.
We affirm.
DISCUSSION
The Examiner finds that Yen teaches a measuring instrument
comprising, inter alia, (1) a first portion; (2) a second portion; (3) load cells;
and (4) an information transmission structure (Answer 3). The Examiner
finds that Yen’s first portion is fittable with respect to the second portion
(id.). The Examiner finds that the first and second portions of Yen’s device
form an intervertebral implant shape having opposing load distribution
surfaces (id.). The Examiner finds that the information transmission
structures of Yen’s device are associated with the load cells (id.).
Appellant sets forth two claim groupings: (1) 1-6 and 19-26, and (2)
27 and 28. Therefore, we limit our discussion to representative claims 1 and
27. 37 C.F.R. § 41.37(c)(1)(vii).
Claim 1:
Claim 1 is drawn to a device. The device of claim 1 comprises: (1) a
first portion; (2) a second portion; (3) a load cell; and (4) information
transmission structures. Claim 1 requires that the first portion is fittable with
respect to a second portion 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. In addition,
claim 1 requires that the load cell is mounted in a manner to receive a force
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