`Serial No. 29/306,656
`Filing Date: March 2, 2009
`Title: Intervertebral Implant
`
`Page 4 of 5
`
`REMARKS
`
`Initially, the Applicants would like to thank the Examiner for acknowledging the
`
`allowability of the claim in this design application in the Notice of Allowance mailed on
`
`December 2, 2008.
`
`The Notice of Allowance indicated that the information disclosure statementfiled April
`
`14, 2008 failed to comply with 37 CFR 1.98(a)(1) and was not considered.
`
`In response, a new
`
`information disclosure statement is being submitted herewith. Applicants respectfully request
`
`that the information contained therein now be considered.
`
`The drawings submitted with the application were objected to as containing lines that
`
`were rough, blurred, and not electronically reproducible. The Examiner also suggested that
`
`surface shading be added to each figure. New drawings containing clear, crisp, dark lines, and
`
`added surface shading are being submitted herewith. Fig. 4 has also been amendedto scale the
`
`drawing for consistency with Figs. 1-3. The corrected drawings are contained on four
`
`Replacement Sheets. No new matter is added through the corrected drawings.
`
`In an Examiner’s Amendment mailed together with the Notice of Allowance,the
`
`description of Fig. 4 was amendedto read “Fig. 4 is an end elevation thereof of the end opposite
`
`that shown in Fig. 1 on an enlarged scale.” With the amendmentof Fig. 4, Applicants believe
`
`this change is no longer necessary and have thus amendedthe description of Fig. 4 such that it
`
`now reads, “Fig. 4 is an end elevation thereof of the end opposite that shownin Fig. 1.”
`
`Favorable consideration and allowance of the claim in this application is respectfully
`
`requested. In the event that there are any questions concerning this Amendmentor the
`
`application in general, the Examineris cordially invited to telephone the undersigned attorney so
`
`that prosecution may be expedited.
`
`
`
`Attorney Docket No. 104DES2
`Serial No. 29/306,656
`Filing Date: March 2, 2009
`Title: Intervertebral Implant
`
`Page 5 of 5
`
`Respectfully submitted,
`NUVASIVE,INC.
`
`/roryschermerhorn/
`
`
`By:
`
`Rory Schermerhorn, Esq.
`Registration No. 58,148
`
`7475 Lusk Boulevard
`San Diego, CA 92121
`Tel.: (858) 909-1845
`
`February 28, 2009
`
`