throbber
Case IPR20l3-00395
`
`U.S. Patent No. 8,444,696
`Our Ref. 101 .0051-06IPR
`
`Exhibit 2007
`
`Comparison of claim 1 of the ‘696 patent and claim ] of ‘430 patent.
`
`1.
`
`AnA spinal fusion implant for insertion between a first vertebra and a
`
`second vertebra adjacent the first vertebra, the first vertebra having a
`
`generally vertically extending first peripheral wall and a first eertieaibene
`
`endplate and the second vertebra having a generally vertically extending
`
`second peripheral wall and a second endplate, wherein the
`
`implant comprises:
`
`a first terminal part defining a trailing face, a first bearing surface
`
`adapted to bear against a portion of the eeaaieal-ben4.tfir:stendplate—preaeinaate
`
` , and an opposite second bearing surface adapted
`
`to bear against a portion of the second ndplate L
`
`said trailing face extending between said first bearing surface and second
`
`bearing surface, said trailing face having a recessed portion and a threaded
`
`opening configured to receive an insertion instrument for inserting said
`
`implant between the first vertebra and the second venebra'
`
`
`
` a second terminal part
`
`opposite said first terminal part, said second terminal part
`
` having an insertion face extending fi=on+said—
`
`apperbetween a third bearing surface and a fourth bearing
`
`surface, said
`
`EXHIBIT
`‘WARSA‘W2{H] 7
`
`IPR2l]l3—[H]395
`
`Nuvasive, Inc. v.
`‘Warsaw Orthopedic, Inc.
`
`

`

`Case IPR2013-00395
`
`U.S. Patent No. 8,444,696
`Our Ref. 101.0051-06IPR
`
`
`
`having a longitudinal axis extending through said trailing face of said first
`
`terminal part and said insertion face of said second terminal part, and having
`
`a cross section in a first plane extending through said uppermzt bearing
`
`surface and said lewersecond bearing surface, and along the longitudinal
`
`axis, said
`
` implant having a pertienlength between said trailing face of
`
`said first terminal part
`
`and said insenion face of said second terminal part
`
`and parallel to the longitudinal axis, said implant having a width and a
`
`height each pemendicular to the length of said implant, the width of said
`
`implant being greater than the height of said implant;
`
`a first side and an opposite second side, said first side and said second
`
`side extending alengfrom said first terminal pafi Q
`
`said second terminal part, portions of said first side and said second side
`
`being substantially flat, said substantially flat portions intersecting a second
`
`plane that is perpendicular to the first plane and extends through said
`
`insertion face and said trailing face, wherein said substantially flat
`
`pertienportions of said first side and said
`
`
`
`
`
`'' '
`
`second side ',
`
` are symmetrical about the longitudinal-
` first plane;
`‘
`
`an opening between said trailing face and said insertion face.— and
`
`between said first and second sides to permit for the growth of bone through
`
`said implant from the first vertebra to the second vertebra;
`
`

`

`Case IPR2013-00395
`
`U.S. Patent No. 8,444,696
`
`Our Ref. 101.0051-06IPR
`
`upper and lower bearing surfaces each having a length measured
`
`parallel to the longitudinal axis of s-aid -implant, said upper and lower bearing
`
`surfaces havin
`
`
`ortions roximate each of said first and second sides and
`
`
`
`
`bein convex a1o.n
`
`the entire l-en th of said u
`
`er and_ lower bearin
`
`
`
`surfaces relative to the second p‘ lane and. in a direction parallel to the
`
`lon_ i_tudin_al axis
`
`
`
`said trailin face havin a hei ht less than and measured
`
`
`
`parallel to a maximum height measured between said upper and lower
`
`3b-earin
`
`
`
`surfaces
`
`roximate one of said. first and second sides‘
`
`
` ratchetin s on each of said u _ er and lower .‘bea_r_iI.1
`
`surfaces ada ted
`
`_ each of
`
`- arallel to
`
`
`
`
`
`to en a e the first vertebra and the second vertebra res ectivel
`
`
`
`-said ratchetin s havin _a rid He oriented in a direction enera.1_l
`
`the width of said implant, said ratchetings on each of said upper and lower
`
`bearing surfaces facing one direction; and
`
`said implant being adapted to hold bone fusion promoting nrateri-als.
`
`

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