this invention may be characterized as an improvement of the inventor &# 39 ; s inventions described in u . s . pat . nos . 5 , 571 , 189 and 5 , 549 , 679 , the disclosures of which are incorporated herein by reference . with reference to the figures , fig1 - 3 illustrates an embodiment of the inventive implant 10 which consists of a sidewall band 12 , which may be characterized as being substantially tubular or ring like in shape . preferably the band 12 is circular , however other elliptical shapes and other geometric shapes may also be used . the band 12 is pliable and malleable before its interior space 14 ( not shown in fig2 ) is filled with the contents to be described . while in this initial condition , the band 12 may be passed , in a collapsed state , through a relatively small tube or portal , such as recited in u . s . pat . nos . 5 , 571 , 189 and 5 , 549 , 679 , the entire contents of both references being incorporated herein by reference . this feature is important because access to the intervertebral disc is limited by anatomy and therefore safety considerations direct us to use the smallest possible portal of entry . the band 12 may be constructed in a variety of ways . the band material 16 may be etched , woven or braided material such as a weave of nitinol fibers , or a form - molded material such as shown in fig6 . the material or fabric 16 may be fluid impermeable or may be provided with a density that will allow ingress and egress of fluids and solutions and will allow the ingrowth and through - growth of blood vessels and fibrous tissue and bony trabeculae . where the material 16 is provided with such a porous construction , pores or weave gaps are preferably tight enough to retain small particles of enclosed fill material , such as ground up bone graft , other tissues or solid pieces of bone inducing material such as hydroxyapatite or other biocompatible materials known to promote bone formation . where the material 16 of the band 12 is porous , such as in the embodiment shown in fig1 - 4 , the pores or openings 18 of the fabric will have a diameter of about 0 . 25 mm to about 5 . 0 mm . the size is selected to allow tissue ingrowth while containing the material packed into the bag . the material 16 of the invention must be flexible enough to allow it to be collapsed and inserted into an opening smaller than the expanded band size . as may be seen in fig7 and 8 , the band 12 is sufficiently flexible so that it may be positioned into a holding chamber 50 of a storage tube or delivery device 52 . depending on the exact construction of the band 12 , the band may be compacted into a substantially smaller configuration than the band is capable of attaining when packed with graft material . the delivery device however , is sized such that the device 52 may be inserted into a surgical opening wherein the band 12 is drawn or pushed by plunger 56 out of the chamber 50 , as indicated by the direction of the arrow 54 as shown in fig8 . the band 12 may be used to repair and / or replace a vertebral disc 23 as may be seen in fig5 wherein the band is placed between adjacent vertebral bodies 24 . the band 12 may be inserted into a small opening in the annulus 21 of the disc 23 and filled from within the disc . alternatively , the band 12 may be inserted within a hollowed region of a vertebra 24 to provide support thereto , or may be utilized to replace an entire vertebral body 24 . in order to ensure that the supportive quality of the band 12 is maintained , the fill material used in conjunction with the band 12 is preferably minimally elastic if at all . accordingly , the fabric band 12 may be formed from a polymeric material to which a plurality of perforations are formed or added . it need not be woven and may be molded , such as the embodiment shown in fig6 or otherwise formed as is well known in the art . the preferred material may provide the ability to tailor bioabsorbance rates . any suture - type material used medically may be used to form the band 12 . the band 12 may be formed of plastic or even metal . the band 12 could be formed from a solid material . the band 12 may be partially or totally absorbable , metal , plastic , woven , solid , film or an extruded balloon . preferably the material 16 is light , biocompatible , flexible and easily handled , but is also very strong in terms of resisting tension , and thus unlikely to rip or tear during insertion and expansion . when the device is expanded through insertion of fill material , such as is depicted in fig2 , the band 12 expands to a predetermined shape , and in doing so , it fills a previously excavated space 20 between the vertebral bodies and / or within a vertebral body , such as may be seen in fig5 . this filling results in the separation of the vertebral bodies 24 and results in the stabilization of the spinal motion segment , indicated generally at 22 . as may be seen in fig1 - 2 , and 4 - 5 , the band 12 may be characterized as having two ends 30 and 32 . one or both ends 30 and 32 may be open as defined by the band 12 . as may be seen in fig5 where the band 12 is utilized to replace a disc , the openings 30 and 32 are characterized as being less than the diameter of the surrounding vertebral bone , thus assuring containment of the graft material within the confines of the interior 14 of the band 12 . where only a single end 30 or 32 is open , the material 16 which covers one or more of the openings is porous to allow for bone growth therethrough such as has been described above . in addition , as may be seen in fig1 - 2 and 4 - 5 , the band 12 may be equipped with a fill opening 26 . the fill opening 26 must be large enough to accommodate passage of fill material as well as the means of placing fill material into the interior space 14 of the band 12 . a device which may be suitable for passing through the fill opening 26 for insertion of fill material is described in co - pending u . s . patent application ser . no . 09 / 608 , 079 as discussed above . preferably the opening 26 includes a means of preventing passage of fill material out of the interior space 14 . in the embodiment shown in fig4 the opening 26 includes an elongate passage 28 which may be tied off or otherwise sealed subsequent to insertion of the fill material . as may be further seen in fig5 when the band 12 is inserted between two vertebra 24 or within a disc 23 or other hollowed region of an intervertebral space and filled with fill material , the fill material will push against the vertebral surfaces 40 which are adjacent to the top 30 and bottom 32 of the band 12 . the band 12 in combination with the vertebral surfaces 40 will contain the fill material within the interior space 14 . in the embodiment of the invention wherein the band material 16 is woven from one or more fibers , the fibers may be composed of a variety of materials as previously discussed . in the various embodiments shown in fig9 - 18 , the band 12 may be constructed from one or more metal fibers such as , for example , nitinol fibers 58 , which have been woven or braided together into the desired band shape . the use of a shape - memory material such as nitinol , or a material such as steel , titanium or other metal , provides the band with sufficient mechanical strength to resist stretching or expansion as a result of the build up of graft material in the interior 14 . in addition , such shape - memory materials allow the band to be collapsed prior to insertion , such as may be seen in fig7 an 8 yet which will tend to reacquire its original shape once implanted . [ 0107 ] fig9 - 18 depict a wide variety of band configurations . as may be seen in fig9 - 14 the band 12 may be characterized as a double walled band or a loop of material folded back upon itself . such a double walled configuration may be seen as having a inner wall 60 which is continuous with the outer wall 62 and defining a toroid shaped space 63 therebetween as seen in fig1 and 12 . as seen in fig1 and 14 , the toroidal shaped space 63 may be filled , in whole or in part with pharmaceuticals for drug delivery to the implantation site . the toroid space 63 may also be filled , subsequent to implantation into a vertebral body with a biocompatible cement or other material for providing the band 12 with additional support . the double walled construction may provide the band 12 with increased strength to provide additional mechanical support for the graft material contained in the interior 14 . in addition , the double walled construction may be configured to allow the various openings 18 of the respective walls 60 and 62 to partially overlap . as a result , the fibers 58 of one wall , for example inner wall 60 , may overlap the openings 18 of the other wall , for example outer wall 62 , thereby effectively reducing the size of the openings 18 . as a result , a band 12 having a double walled construction may not require any more fibers 58 than a single walled band such as may be seen in fig1 - 18 . however , it may be desirable to provide a double walled band 12 with a denser weave of fibers 58 for the purpose of providing the band 12 with greater mechanical strength . turning to fig1 and 12 , a double walled band 12 may also include one or more latitudinally disposed support members such as members 64 and 66 shown . the individual support members 64 and 66 may be positioned in any manner around the circumference of the band 12 . in the embodiment shown , the members 64 and 66 are respectively disposed the first or top opening 30 and the second or bottom opening 32 . in addition the members 64 and 66 are located between the inner wall 60 and outer wall 62 . the members 64 and 66 may be used to support the material 16 of the band by weaving the fibers 58 about the members 64 and 66 , such as may best be seen in fig1 . the members 64 and 66 may be constructed from the same or different material as fibers 58 . in addition , the members 64 and 66 may be one or more wires or fibers woven or braided together and oriented in the latitudinal orientation shown . alternatively , one or more fibers may be equatorially oriented , or may be otherwise positioned anywhere around the circumference of the band 12 . in addition to providing the band 12 with one or more latitudinally oriented wires or members 64 and 66 , the band may also include one or more longitudinally oriented members 68 such as may be seen in the embodiment shown in fig1 and 14 . in the embodiment shown , the longitudinal members 68 vertically cross the band 12 to join the latitudinal members 64 and 66 . in addition , the longitudinal members 68 are oriented substantially perpendicular to the latitudinal members 64 and 66 . the longitudinal members 68 provide the band with compression support relative to the surrounding vertebra . the members 68 may be woven into the fibers 58 or may be independent of the band &# 39 ; s woven configuration . in one embodiment where the band is equipped with longitudinal members 68 as well as latitudinal members 64 and 66 , the various members may act as a frame work which supports the woven fibers 58 of the band 12 . as with the latitudinal members 64 and 66 , the longitudinal members 68 may be constructed out of any suitable material . such material may be different from or the same as the fibers 58 . additionally , the members 68 may be characterized as one or more fibers 58 oriented in the longitudinal direction shown . in the various embodiments shown in fig1 - 18 it may be seen that the band 12 , may be provided with only a single wall construction as opposed to the double walled construction previously described . as shown in fig1 , because the single wall 70 is not a continuous overlapping loop of material such as may be seen in fig9 and 10 , the single walled band 12 shown in fig1 may have openings 30 and 32 which have fairly jagged or non - uniform edges 72 . while the material 16 of the band 12 may not necessarily be of sufficient hardness to penetrate the surrounding vertebral bone , the non - uniform nature of the edges 72 of the band 12 , provides band 12 with surfaces which may tend to more readily engage the surfaces of the surrounding vertebral bone , thereby preventing the band 12 from shifting or otherwise moving during the graft injection process or thereafter . as shown in fig1 and 16 the single walled band 12 may be configured to have an essentially cylindrical shape . the cylindrical shape may be compressed into an elongated band such as may be seen in fig7 an 8 prior to insertion into the body . however , the band 12 may be configured to include other shapes , notably the rounded configuration shown in fig1 , after the band 12 is inserted into a vertebral body . as may be seen in fig1 , the malleability of a single walled band is illustrated . as with all embodiments of the present invention , the band 12 may be significantly distorted , collapsed or otherwise manipulated in order to collapse the band into a reduced configuration such as may be seen in fig7 and 8 . the present invention may be distorted in either or both the radial and longitudinal directions while retaining its ability to expand subsequent to insertion into the spinal area . as shown in fig2 and 23 , the band 12 is shown with a fill insertion tool 100 being inserted into the interior 14 of the band 12 by passing through one of the spaces or pores 18 . the shape of the tool 100 as may best be seen in fig1 - 21 is essentially an elongate shaft 104 having a tapered or pointed distal end 102 . as is shown in fig1 - 21 , an example of a fill insertion tool which is suitable for use in the various embodiments of the invention is illustrated . the tool 100 is further disclosed in a co - pending u . s . patent application ser . no . 09 / 738 , 726 filed dec . 15 , 2000 and entitled tool to direct bone replacement material , to kuslich et al ., and is a continuation in part application of u . s . patent application ser . no . 09 / 608 , 079 the entire contents of both being incorporated herein by reference . the tapered distal end 102 of the tool 100 is sized to enlarge the opening 18 to allow passage of the tool 100 into the interior 14 by pushing aside the various fibers 58 as may best be seen in fig2 . the fibers 58 are disposed to open the pore 18 from its nominal diameter of about 0 . 25 mm to about 5 mm to an enlarged opening sufficient to allow passage of a portion of the shaft 104 therethrough . the extent of tool penetration into the band interior 14 must be sufficient to allow the side opening 106 to be fully contained within the band interior 14 . the tool 100 may include more than 1 side opening 106 . as shown in fig2 , the side opening 106 allows insertion of the bone graft or other types of fill material 108 into the band interior 12 . the tool 100 may include a piston plunger or other means ( not shown ) for pushing fill material 108 from within the shaft 104 , through the side opening 106 and into the band interior 14 . if the internal diameter of the shaft 104 may be about 1 . 5 mm to 5 mm and is preferably approximately 2 . 5 mm in diameter . the length of the side opening 106 is preferably between about 1½ to 3 times the internal diameter of the shaft 104 . the distal end 102 of the tool 100 is preferably angled to direct the flow and to break down any material that has packed back into more discrete pieces . turning to fig2 an embodiment of the band 12 is shown , wherein the band 12 includes at least one circumferentially disposed tightening or cinching member 65 shown . the cinching member 65 may be positioned in any manner around the circumference of the band 12 as previously described . in the embodiment shown , each member 65 extends about the mid - portion 71 of the band 12 and includes ends 73 and 75 that extend outward from one of the pores 18 where they may be pulled together and secured or tied to one another in the manner shown . when the band 12 is properly filled with fill material in any of the manners previously mentioned , the ends 73 and 75 may be cinched together in order to constrict the mid - portion of the band 12 so that the band 12 takes on a concave shape , such as is shown . the concave shape may provide greater support and flexibility to the surrounding spinal bodies and to the spine itself . when ends 73 and 75 are pulled together and secured , not only is the band provided with a concave shape , but any fill material positioned therein is pushed together for more effective engagement with surrounding tissue as well as with itself and the band 12 . in the various embodiments described herein , it may be desirable to stimulate growth of bone through the band 12 or fill material 108 contained therein , by direct or indirect application of electrical current . in the various embodiments described herein , the band 12 may include portions 81 and 83 , where electrical leads 91 and 93 may be readily attached , such as are shown in fig2 . leads 91 and 93 are in electrical communication with an electrical power source 95 which provides sufficient current to stimulate bone growth through and adjacent to the band 12 . in at least one embodiment , the leads 91 and 93 may be inserted through pores 18 , as previously shown and described , to directly stimulate the fill material 108 . the portions 81 and 83 may be part of a electrically conductive member 85 which is disposed within the walls 60 and 62 of the band 12 , such as is shown in fig2 . alternatively , the entire band 12 is electrically conductive , in yet another embodiment at least a portion of one or both walls 60 and 62 are electrically conductive and / or electrically insulated . in an alternative embodiment of the invention shown in fig2 and 28 , the implant 10 may be characterized as a linear member or members 200 which is disposed about a vertebral disc 23 in a manner such as is shown in fig2 . the member 200 may be a one or more of a combination of strands , threads , fibers , cords or other substantially linear portions of material which include a first end 202 and a second end 204 that are capable of being tied or otherwise secured together . preferably , the member 200 has a height sufficient to cover the entire exposed surface of the disc 23 . some examples of materials which are suitable for use as member 200 or in its construction include , but are not limited to : secure strand available from smith & amp ; nephew inc ., the loop .™, available from spineology inc ., and songer cable from medtronic inc . in some embodiments of the invention , one of which is shown in fig2 , the member 200 may be constructed of the same material 16 as the previously described embodiments of the invention shown in fig1 - 26 , and include a plurality of pores or openings 18 . once secured about the disc 23 , the member 200 may be further cinched or otherwise tightened about the disc 23 as is shown in fig2 and 30 . by tightening the member 200 about the disc 23 , the disc 23 is compressed in order to invaginate the annulus 21 toward its center thereby tightening the annulus fibers . such tightening will stabilize the spinal motion segment 22 and thereby stiffen that portion of the spine . in fig2 the annulus 21 of a disk 23 is shown within a spinal motion segment 22 prior to the securement and tightening of member 200 thereabout . it is shown that the annulus 21 of the disk 23 has a predetermined height 206 and a predetermined circumference 208 . when the member 200 is disposed and subsequently tightened about the annulus 21 , such as is shown in fig3 , the circumference is reduced as indicated at reference numeral 208 ′ while the height of the disk is made greater as is indicated at reference numeral 206 ′. by securing the ends 202 and 204 of the member 200 about the disc , the member 200 forms a substantially continuous band similar to that previously described . when secured about a disc the member 200 preferably has a substantially concave appearance , relative to the surrounding spinal bodies , such as is shown in fig2 . w hen secured about the disc 23 , the disc 23 may be further treated with additional therapeutic agents , including fill material via the pores or openings 18 , in the manner previously described in relation to the embodiments shown in fig1 - 26 . in addition to being directed to the specific combinations of features claimed below , the invention is also directed to embodiments having other combinations of the dependent features claimed below and other combinations of the features described above . the above disclosure is intended to be illustrative and not exhaustive . this description will suggest many variations and alternatives to one of ordinary skill in this art . all these alternatives and variations are intended to be included within the scope of the claims where the term “ comprising ” means “ including , but not limited to ”. those familiar with the art may recognize other equivalents to the specific embodiments described herein which equivalents are also intended to be encompassed by the claims . further , the particular features presented in the dependent claims can be combined with each other in other manners within the scope of the invention such that the invention should be recognized as also specifically directed to other embodiments having any other possible combination of the features of the dependent claims . for instance , for purposes of claim publication , any dependent claim which follows should be taken as alternatively written in a multiple dependent form from all prior claims which possess all antecedents referenced in such dependent claim if such multiple dependent format is an accepted format within the jurisdiction ( e . g . each claim depending directly from claim 1 should be alternatively taken as depending from all previous claims ). in jurisdictions where multiple dependent claim formats are restricted , the following dependent claims should each be also taken as alternatively written in each singly dependent claim format which creates a dependency from a prior antecedent - possessing claim other than the specific claim listed in such dependent claim below .
a pliable band or hoop that is flexible to normal handling , but cannot stretch circumferentially once it has reached the limits of its circumferential length . the band may have a structural portal to be used for filling , or it may simply be constructed of a fabric - like material that allows a fill tube to perforate its walls to allow for filling . in the latter case , the perforated wall tends to self - seal once the fill tube is withdrawn . the band may be flat or tubular in cross - section . however , unlike a balloon , the band does not require either a bottom or a top , as we found that a top and bottom are unnecessary when using a band or hoop to enclose material injected into a reamed out intervertebral space .