Appeal 2007-3762
Application 10/422,282
Claim 1:
Claim 1 is drawn to a disc spacer. The disc spacer comprises a device
that:
(1) has at least one spherical interface involving convex and concave
surfaces, and
(2) is configured to articulate with respect to at least one vertebral
endplate.
The Examiner finds that Büttner-Janz teaches a disc spacer that meets
the requirements of Appellant’s claim 1 (Answer 4). For clarity we
reproduce Büttner-Janz’s Figure 1 below:
Figure 1 is stated to show “a median section of a first embodiment of the
prosthesis[ ]1 between two vertebrae” (Büttner-Janz, col. 2, ll. 28-29).
With reference to Figure 1, the Examiner finds that Büttner-Janz
teaches a disc spacer having two interfaces – one at the bottom surface of 3
and one at the top surface of 3 (Answer 4). More specifically, the Examiner
1 According to Büttner-Janz, the prosthesis is an “intervertebral disc
endoprosthesis” (Büttner-Janz, Abstract, see also Title) - a disc spacer.
3
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Last modified: September 9, 2013