`
`US. Patent No. 8,444,696
`Our Ref. 101.0051-061PR
`
`Exhibit 2008
`
`Comparison of claim 4 of the ‘696 patent and claim 5 of ‘430 patent.
`
`51$
`
`A—nA 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 cortical—bone
`
`endplate and the second vertebra having a generally vertically extending
`
`second peripheral wall and a second eefiieal—bene—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 eertieal—benemppendplate-prexi-mate
`
`te—the—first—peripheral—wall, and an opposite second bearing surface adapted
`
`to bear against a portion of the second eeHieal—bene—endplate—preximWL
`
`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 pefipheral—walkvertebra;
`
`a second terminal part opposite said first terminal part, said second
`
`terminal part inelading—an—anti—expulsien—featare—and—having an insertion
`
`
`face extending frembetween a third bearing surface tegrfl a fourth bearing
`
`surface, said implant 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
`
`EXHIBIT
`W'ARSAW'Z 008
`NuVasive, Inc. v.
`W'arsaw Orthopedic, Inc.
`
`IPR2013-00395
`
`
`
`Case IPR2013-00395
`
`U.S. Patent No. 8,444,696
`Our Ref. 101.0051-06IPR
`
`said first bearing surface and said second bearing surface, and along the
`
`longitudinal axis, the—first—plane—biseeting—said—first—beafing—surfaee—inw
`
`halvesesaid implant having a length between said trailing face of said first
`
`terminal part and said insertion 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;
`
`a first side and an opposite second side, said first side and said second
`
`side extending from said first terminal part to 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 portions of said first side and said second side
`
`are symmetrical about the first plane; and—
`
`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;
`
`upper and lower bearing surfaces each having a length measured
`
`parallel to the longitudinal axis of said implant; said upper and lower bearing
`
`surfaces having portions proximate each of said first and second sides,—
`
`wherein and being convex along the entire length of said upper and lower
`
`bearing surfaces relative to the second plane and in a direction parallel to the
`
`longitudinal axis; the width of said implant being greater than the height
`
`
`measured between said upper and lower bearing surfaces proximate one of
`
`
`said first and second sides arerat—least—in—partreeiwex—relativeof said
`
`implant;
`
`
`
`Case IPR2013-00395
`
`US. Patent No. 8,444,696
`Our Ref. 101.0051-06IPR
`
`ratchetings on each of said upper and lower bearing surfaces adapted
`
`to engage the first vertebra and the second planervertebra, respectively, each
`
`of said ratchetings having a ridge oriented in a direction generally parallel to
`
`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 materials.
`
`
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