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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