Module 17 2024

Non-Obviousness Example

• Fig. 7 of the Puno reference taught all limitations but the “compression member”; – Puno further disclosed that the play allowed by movement of the head (because of lack of a “compression member”) provided a beneficial shock absorber effect • Anderson in Fig. 4 disclosed a “compression member” (15 and 15’) in a polyaxial screw

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Non-Obviousness Example

• The court found that Puno and Anderson could not be combined as suggested by the accused infringer, given the disclosure of Puno of the beneficial shock-absorber effect of the play allowed by Puno’s device • The claim was not obvious in light of the combination of Puno and Anderson – Depuy Spine v. Medtronic Sofamor Danek, 567 F.3d 1314 (Fed. Cir. 2009)

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