Scott Daniels | September 15, 2009
The PTO has granted ex parte reexamination of claims 1-15 and 17-40 of U.S. Patent No. 6,740,118. The ‘118 patent is entitled “Intervertebral Prosthetic Joint” and is owned by Medtronic.
The request asserted that there were substantial new questions of patentability (SNQs), based upon a single primary reference that was before the examiner during the original ‘118 prosecution and each of a series of secondary references that were not. The request also noted that the ‘118 claims had been allowed on the first Office Action.
In granting reexamination, the PTO essentially agreed that SNQs were raised and incorporated by reference the description of the prior art in the request. Reexamination was not sought for claim 16.