BIEDERMANN MOTECH GMBH and Depuy Spine, Inc, Plaintiffs
BIEDERMANN MOTECH GMBH and Depuy Spine, Inc, Plaintiffs
BIEDERMANN MOTECH GMBH and Depuy Spine, Inc, Plaintiffs
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
shaped portion (19)." Claim 3 does not otherwise limit claim 1. Thus, it appears that there is a typographical<br />
error in claim 4, <strong>and</strong> claim 4 was intended to depend from claim 3 rather than claim 1. Thus, the preamble<br />
of claim 4, which currently reads, "Device according to claim 1," is interpreted to read, "Device according<br />
to claim 3." In other cases, the Federal Circuit has excused a lack of antecedent basis where it would be<br />
reasonably clear to a person of ordinary skill in the art what was meant. Bose Corp. v. JBL, <strong>Inc</strong>., 274 F.3d<br />
1354, 1359 (Fed.Cir.2001). This seems to be a similar case.<br />
Claim 6 has a similar issue, in that it refers to "said hollow cylindrical portion (11)" without providing<br />
antecedent basis. ('678 patent, cl. 6, col. 4 ll. 48-49.) Claim 6 depends from claim 1. Claim 5 depends from<br />
claim 1, provides for a "hollow cylindrical portion (11)," <strong>and</strong> does not otherwise limit claim 1. Therefore, it<br />
appears that there is a typographical error in claim 6, <strong>and</strong> claim 6 was intended to depend from claim 5.<br />
Thus, the preamble of claim 6, which currently reads, "Device according to claim 1," is interpreted to read,<br />
"Device according to claim 5."<br />
V. CONCLUSION<br />
"Two holes for receiving a rod" means "openings, which may be U-shaped slits, in the receiver member<br />
that receive a rod." A "spherically shaped portion" is "a portion shaped like a segment of a sphere." A<br />
"compression member" is "an intermediate piece (or member) that applies a compression force to the<br />
head of the screw." The phrase "for exerting a force onto said head, such that said head is pressed against<br />
the hollow spherically shaped portion" means "for exerting a force onto said head (4) such that said head<br />
is pressed against the hollow spherically shaped portion (9) of the receiver member (5)." Claim 4 is<br />
interpreted to depend from claim 3 rather than claim 1. Claim 6 is interpreted to depend from claim 5 rather<br />
than claim 1. In claim 1, the text "916)" means "(16)." Claims 1 <strong>and</strong> 3-6 are invalid for lack of written<br />
description.<br />
IT IS SO ORDERED.<br />
C.D.Cal.,2007.<br />
Biedermann Motech GmbH v. Acme <strong>Spine</strong>, LLC<br />
Produced by Sans Paper, LLC.
Change language