#$%^&*AU2009200243B220120322.pdf#####ABSTRACT A system and method for positioning a spacer within a patient. The device has a first form having a reduced size to be inserted into the patient in a minimally invasive manner. The device then expands to a second form once insider the patient to an enlarged size. In one embodiment, the expansion results from biomaterial fed into the device. In an other embodiment, the expansion results from the device being constructed of an expandable material that enlarges after being inserted into the patient. The method includes forming a minimally invasive opening within the patient for delivering the device to an application point. In one embodiment, a conduit is positioned within the patient for delivering the device. The conduit may as lobe used to deliver biomaterial to the interior of the device.