Ex Parte Ferree - Page 4

                Appeal  2007-3762                                                                            
                Application 10/422,282                                                                       
                finds that Büttner-Janz teaches that these interfaces are convex (id).                       
                According to Büttner-Janz, the “prosthesis plates 1, 2 and the prosthesis core               
                3 cooperate via spherical articular surfaces 4” (Büttner-Janz, col. 2, l. 42,                
                emphasis removed).  In other words, the convex surfaces of element 3,                        
                interact with the concave surfaces of elements 1 and 2 (Answer 4).  We                       
                agree and note that Appellant does not dispute this finding.  Accordingly, we                
                agree with the Examiner that Büttner-Janz teaches a disc spacer comprising                   
                a device that has at least one spherical interface involving convex and                      
                concave surfaces.                                                                            
                      Büttner-Janz’s device is inserted between two vertebrae and is                         
                connected to the endplates of the vertebrae (Büttner-Janz, Abstract).  In                    
                addition, Büttner-Janz teaches that, as illustrated in Figure 3, “[t]he center of            
                articulation of the prosthesis is displaced towards the rear relative to the                 
                center of the vertebral endplates . . .” (Büttner-Janz, Abstract).  For clarity              
                we reproduce, Figure 3 below                                                                 









                According to Büttner-Janz, the displacement of the centre of articulation                    
                towards the rear reduces the forces which push the prosthesis towards the                    
                front as a result of the wedge-shaped opening of the vertebral space                         
                (Büttner-Janz, col. 1, ll. 44-47), in addition to providing sufficient space in              

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