-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, LIGDvVUVJ3oUtCypfLeGWs7+b2Wls/6Hhhuq2dV86TQpjRDiguGAETx8aEo4uIZz 8N48LvvCgidtjppW32450w== 0001181431-04-045312.txt : 20040928 0001181431-04-045312.hdr.sgml : 20040928 20040928202451 ACCESSION NUMBER: 0001181431-04-045312 CONFORMED SUBMISSION TYPE: 4 PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20040924 FILED AS OF DATE: 20040928 DATE AS OF CHANGE: 20040928 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: RECUPERO ANTHONY J CENTRAL INDEX KEY: 0001210230 FILING VALUES: FORM TYPE: 4 SEC ACT: 1934 Act SEC FILE NUMBER: 000-49804 FILM NUMBER: 041051078 BUSINESS ADDRESS: BUSINESS PHONE: 408.548.6500 MAIL ADDRESS: STREET 1: 1221 CROSSMAN AVENUE CITY: SUNNYVALE STATE: CA ZIP: 94089 ISSUER: COMPANY DATA: COMPANY CONFORMED NAME: KYPHON INC CENTRAL INDEX KEY: 0001123313 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 770366069 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 BUSINESS ADDRESS: STREET 1: 1221 CROSSMAN AVENUE CITY: SUNNYVALE STATE: CA ZIP: 94089 BUSINESS PHONE: 4085486500 MAIL ADDRESS: STREET 1: 1221 CROSSMAN AVENUE CITY: SUNNYVALE STATE: CA ZIP: 94089 4 1 rrd53556.xml 10B5-1 SALE ON 09/24/04 X0202 4 2004-09-24 0 0001123313 KYPHON INC KYPH 0001210230 RECUPERO ANTHONY J KYPHON INC. 1221 CROSSMAN AVENUE SUNNYVALE CA 94089 0 1 0 0 Vice President, Sales Common Stock 2004-09-24 4 M 0 7000 1.00 A 21584 D Common Stock 2004-09-24 4 S 0 7000 24.3500 D 14584 D Employee Stock Option (Right to Buy) 1.00 2004-09-24 4 M 0 7000 0 D 2001-05-01 2010-05-31 Common Stock 7000 281587 D Sale made pursuant to a 10b5-1 Trading Plan. This option vests according to the following schedule: 1/4 upon the date exercisable and 1/36 of the remainder per month thereafter. Includes 36,587 shares exerciseable at $1.00 per share, granted on 5/31/00; 75,000 shares exerciseable at $1.00 per share, granted 10/31/00; 50,000 shares exerciseable at $1.00 per share, granted 2/28/01; 50,000 shares exerciseable at $9.98 per share, granted 3/11/03; and 70,000 shares exerciseable at $24.26 per share, granted on 6/14/04. This aggregate was incorrectly reported on the Form 4 filed on 8/26/04. David M. Shaw, Attorney-in-Fact 2004-09-28 EX-24. 2 rrd44487_50238.htm LIMITED POWER OF ATTORNEY SECURITIES LAW COMPLIANCE rrd44487_50238.html
Limited Power of Attorney   Securities Law Compliance


The undersigned, as an officer or director of KYPHON INC. (the "Company"), hereby
constitutes and appoints Arthur T. Taylor, David Shaw and Stephen M. Welles as the undersigned's true and
lawful attorney in fact and agent to complete and execute such Forms 144, Forms 3, 4
and 5 and other forms as such attorney shall in his discretion determine to be required or
advisable pursuant to Rule 144 promulgated under the Securities Act of 1933 (as
amended), Section 16 of the Securities Exchange Act of 1934 (as amended) and the rules
and regulations promulgated thereunder, or any successor laws and regulations, as a
consequence of the undersigned's ownership, acquisition or disposition of securities of
the Company, and to do all acts necessary in order to file such forms with the Securities
and Exchange Commission, any securities exchange or national association, the
Company and such other person or agency as the attorney shall deem appropriate,
including but not limited to obtaining EDGAR codes.  The undersigned hereby ratifies
and confirms all that said attorney in fact and agent shall do or cause to be done by virtue
hereof.

This Limited Power of Attorney is executed at Sunnyvale, California as of the date set
forth below.

/s/ Anthony J. Recupero
Signature
Anthony J. Recupero
Type or Print Name
Dated:  August 20, 2004


Witness:

/s/ Sara Cromartie
Signature
Sara Cromartie
Type or Print Name
Dated:  August 20, 2004



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