Court of Appeals for the Federal Circuit March 20, 2007, 05-1415 (Cross Medical Products, Inc. v. Medtronic Sofamor Danek, Inc. And Medtronic Sofamor Danek Usa, Inc.)

RADER, Circuit Judge,

concurring.

I concur with the result in this case. I write separately to address further the issue of prosecution history estoppel of claim 5 of U.S. Patent No. 5,474,555 (the '555 patent).

The district court found that Cross Medical successfully rebutted the presumption of prosecution history estoppel for claim 5 of the '555 patent based on tangentiality. Cross Med. Prods.