`
`United States Patent Application
`
`COMBINED DECLARATION AND POWER OF ATTORNEY
`
`As a below named inventor I hereby declare that my residence, mailing address and citizenship are as stated
`below next to my name; andthat I verily believe I am the original,first and joint inventor ofthe subject matter which is
`claimed and for which a patent is sought on the invention entitled:
`
`the specification ofwhich was filed on April 14, 2008 as United States Application Number 29/306,656.
`
`INTERVERTEBRAL IMPLANT,
`
`I hereby state that I have reviewed and understand the contents ofthe above-identified specification, including
`the claims, as amended by any amendment referred to above.
`
`1 acknowledge the duty to disclose information which is material to the patentability ofthis application in
`accordance with 37 C.F.R. § 1.56 (attached hereto). I also acknowledge my duty to discloseall information known to
`be material to patentability which became available betweenafiling date of a prior application andthe national or PCT
`international filing date in the event this is a Continuation-In-Part application in accordance with 37 C.F.R. § 1.63(e).
`
`Thereby claim foreign priority benefits under 35 U.S.C. § 119(a)-(d) or 365(b)ofany foreign application(s) for
`patent or inventor's certificate, or 365(a) ofany PCT international application which designated at least one country
`other than the United States ofAmerica, listed below and havealso identified below any foreign application for patent
`or inventor’scertificate havingafiling date before that ofthe application on the basis ofwhich priority is claimed:
`
`Nosuch claim for priority is being made at this time.
`
`I hereby claim the benefit under 35 U.S.C. § 119(e) ofany United States provisional application(s)listed
`
`below:
`
`
`
`ApplicationNumberFilingDate
`
`I hereby claim the benefit under 35 U.S.C. § 120 or 365(c) ofany United States and PCT international
`application(s) listed bclow and, insofar as the subject matter of each ofthe claimsofthis application is not disclosed in
`the prior United States or PCT international application in the manner provided bythe first paragraph of 35 U.S.C. §
`112, I acknowledge the duty to disclose material information as defined in 37 C.F.R. § 1.56(a) which becameavailable
`between the filing date ofthe prior application and the national or PCT international filing date ofthis application:
`
`Application Number FilingDateStatus
`
`11/093,409
`March 29, 2005
`Pending
`
`
`
`Attomey Docket No.: 104DES2
`
`Page 2 of4
`
`
`
`Thereby appoint the following attorney(s) and/or patent agent(s) to prosecute this application and to transact all
`business in the Patent and Trademark Office connected herewith:
`
`Customer Number: 30,328
`
`I hereby authorize them to act and rely on instructions from and communicatedirectly with the
`person/assignee/attomey/firm/organization who/whichfirst sends/sent this case to them and by whom/which I hereby
`declare that I have consented after full disclosure to be represented unless/until I instruct NuVasiveInc.to the contrary.
`
`Please direct all correspondence in this case to NuVasive,Inc. at the address indicated below:
`
`NuVasive, Inc.
`Customer Number: 30,328
`
`
`Thereby declare that all statements made herein of my own knowledge are true and that all statements made on
`information and beliefare believed to be true; and further that these statements were made with the knowledge that
`willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of
`Title 18 ofthe United States Code and that such willful false statements mayjeopardize thevalidity ofthe application
`or any patent issued thereon.
`
`Patrick Miles
`FULL NAME OF JOINT INVENTOR NUMBER1:
`Citizenship:
`United States of America
`Residence:
`San Diego, CA
`Mailing Address:
`5227 Greenwillow Lane
`San Diego, CA 92130
`
`Signature:
`
`en
`
`Patrick Miles
`
`Date: 5 / rh
`
`
`
`Matthew Curran
`FULL NAME OF JOINT INVENTOR NUMBER2:
`Citizenship:
`United States ofAmerica
`Residence:
`Carlsbad, CA
`Mailing Address:
`3218 Rancho Quartillo
`
`
`
`Date:__ Ju fog”
`
`
`[¥] Additional inventors are being named on separately numbered sheets, attached hereto.
`
`
`
`TIME RECEIVED DURATION
`
`August 4, 2008 3:39:04 PM PDT
`Pinenta
`
`11 38840018
`
`11 38840018
`
`STATUS
`Received
`pl
`
`Aunmwy |Qucket No.- 1029752
`Serial No’ Halaman 29/306, 666
`hing Date: Apest 14, 3008
`‘Tle INTORVERTHDICAI IMPLANT
`
`
`Page 3084
`
`Luiz Pimenta
`
`FULL NAMEOFJOINT INVENTOR NUMBER3:
`Citizenship:
`Brazil
`Residence:
`San Paulo, Brazil
`Mailing Address:
`Rua Borges Lagoa 783 -- 6" Floor
`Sao Paulo (Brazil)
`
`04938-031
`
`
`
`AttomeyDocket No.: 104D&S2
`Serial No. Unkowa 29/906, 654
`Filing Date; April 14, 2008
`Title: INTRRVERTFRRAL IMPLANT
`SSSAheshite
`
`Page 4 0f4
`
`§ 1.56 Duty to disclose information material to patentability.
`
`A patent by its very nature is affected with a public imerest. The public interest is best served, and the most effective
`(a)
`patent examination occurs when, at the time an application is being examined, the Office is aware ofand evaluates the teachings of
`all information material to patentability. Each individual associated with the filing and prosecution ofa patent application has a
`duty ofcandor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to
`that individual to be material to patentability as defined in this section. The duty to disclose information exists with respect to each
`pending claim until the claim is canceled or withdrawn from consideration, or the application becomes abandoned. Information
`material to the patentability ofa claim that is canceled or withdrawn from consideration need not be submitted ifthe informationis
`not material to the patentability ofany claim remaining under consideration in the application. There is no duty to submit
`information which is not material to the patentability ofany existing claim. The duty to disclose all information known to be
`material to patentability is deemed to be satisfied ifall information known to be material to patentability ofany claim issued in a
`patent was cited by the Office or submitted to the Office in the mannerprescribed by § § 1 .97(b)-(d) and 1.98. However,no patent
`will be granted on an application in connection with which fraud on the Office was practiced or attempted or the duty ofdisclosure
`was violated through bad faith or intentional misconduct. The Office encourages applicants to carefully examine:
`
`(1) prior art cited in search reports ofa foreign patent office in a counterpart application, and
`
`(2)
`
`the closest information over which individuals associated with the filing or prosecution ofa patent application
`believe any pending claim patentably defines, to make sure that any material information contained therein is
`disclosed to the Office.
`
`Underthis section, informationis material to patentability when it is not cumulative to information already ofrecord or
`(b)
`being made of record in the application, and
`
`(1)
`
`It establishes, byitselfor in combination with other information, a prima facie case ofunpatentability ofa
`claim, or
`
`(2)
`
`It refutes, or is inconsistent with, a position the applicant takes in:
`
`(i) Opposing an argument ofunpatentability relied on by the Office, or
`
`(ii) Asserting an argument ofpatentability.
`
`A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable under
`the preponderance ofevidence, burden-of-proof standard, giving each term in the claim its broadest reasonable construction
`consistent with the specification, and before any consideration is given to evidence which may be submitted in an attempt to
`establish a contrary conclusion ofpatentability.
`
`(c)
`
`Individuals associated with the filing or prosecution ofa patent application within the meaning ofthis section are:
`
`(1) Each inventor named in the application:
`
`(2) Each attomey or agent who prepares or prosecutes the application; and
`
`(3) Every other person whois substantively involved in the preparation or prosecution ofthe application and whois
`cmniicetionevento, withtheassigneeorwithanyonetowhom there isanobligationtoassignthe:
`Individuals other than the attorney, agent or inventor may comply with this section by disclosing information to the
`(d)
`attomey, agent, or inventor.
`
`
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