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`Exhibit 2008
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`Comparison of claim 10 of the ‘696 patent and claim 26 of ‘430 patent.
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`10.
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`A-HA spinal fusion implant for insertion between a first vertebra and a
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`second vertebra adjacent the first vertebra, the first vertebra having a
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`generally vertically extending first peripheral wall and a first eei=tieal—ber-re-
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`endplate and the second vertebra having a generally vertically extending
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`second peripheral wall and a second ndplate, wherein the
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`implant comprises:—
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`a first terminal part defining a trailing face, a first bearing surface
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`adapted to bear against a portion of the first endplatepreximate
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` , and an opposite second bearing surface adapted
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`to bear against a portion of the second endplate
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`the, said trailing face extending between said first bearing surface and
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`second beafing surface;
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`a second terminal part opposite said first terminal part, said second
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`terminal part having an insertion
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`face extending frembetween a third bearing surface tean_d a fourth bearing
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`surface, said implant having a longitudinal axis extending through said
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`trailing face of said first terminal part and said insertion face of said second
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`terminal part, and having a cross section in a first plane extending through
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`said first bearing surface and said second bearing surface, and along the
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`longitudinal axis, .' ' ' ' '
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`halves;—said implant having a length between said trailing face of said first
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`terminal part and said insertion face of said second terminal part and parallel
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`EXHIBIT
`VVARSA“/’2{|{l8
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`IPR20l3-00396
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`Nu‘-’a5ive, Inc. 1;.
`VI-rarsaw Orthopedic, Inc.
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`
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`Case IPR2013 -00396
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`to the longitudinal axis, said impl_ant having a width and a height each
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`perpendicular t.o the length of said implant,‘
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`a first side and an opposite second side, said first side and said second
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`side extending from said first terminal part to said second terminal part,
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`portions of said first Eand @second sidesside being substantially flat,
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`said substantially flat portions intersecting a second plane that is
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`perpendicular to the first plane and extends through said insertion face and
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`said trailing face, wherein
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` said substantially flat portions of said first side
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`and said second side are symmetrical about the first plane, said implant
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`being adapted to be inserted between the first vertebra and the second
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`vertebra with said first si__d_e and said second side of said implant being
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`oriented toward the first endplate and the second endplate, respectively, and
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`then rotated ninety degrees into an upright position, said trailing face having
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`a recessed portion intersecting each of said first and second sides and being
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`configured to receive an insertion instrument for inserting said implant
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`between the first vertebra and the second vertebra-
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`an opening between said trailing face and said insertion face and
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`between said first and second sides to permit for the growth of bone through
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`said implant from the first vertebra to the second vertebra;
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`upper and lower bearing surfaces each having a length measured
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`parallel to the longitudinal axis of said implant, said upper and lower bearing
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`surfaces having portions proximate each of said first and second sides,-
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`wherein and being convex along the entire length of said upper and lower
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`bearing surfaces relative to the second plane and in a direction parallel to the
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`Case IPR2013-00396
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`longitudinal axis, said trailing face having a height less than and measured
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`parallel to a maximum height measured between said upper and lower
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`bearing surfaces proximate one of said first and second sides
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` ;
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`ratchetings on each of said _up_per and lower bearing surfaces adapted
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`to engage the first vertebra and the second planevertebra, respectively, each
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`of said ratchetings having a ridge oriented in a direction generally parallel to
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`the width of said implant, said ratchetings on each of said upper and lower
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`bearing surfaces facing one direction; and
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`said implant being adapted to hold bone fusion promoting materials.