Appeal No. 1998-2836
Application No. 08/453,211
Sumita 5,180,426 Jan. 19, 1993
Oonishi et al. 5,223,029 Jun. 29, 1993
(Oonishi) (filed Apr. 9, 1990)
Ito EP 329,098 Aug. 23, 1989
(published application)
The appealed claims stand finally rejected under 35
U.S.C.
§ 103(a) on the following grounds:
(1) Claims 1 through 3 and 16 through 23, unpatentable over
Ito in view of Oonishi; and
(2) Claims 8 through 11, unpatentable over Ito in view of
Oonishi, and further in view of Sumita.
2(...continued)
useful for reconstruction of skeletal or other osseous
defects, bone plates and replacement of corticocancellous
strips. See, e.g., col. 2, ll. 6-21 and col. 5, ll. 24-33.
Nagal (Published EPO Application No. 0 253 506) teaching
a substitute bone material comprising a ceramic material of
natural powdery or particulate hydroxyapatite obtained from
cow bones calcined at a temperature around 800EC. See, e.g.,
col. 3, ll. 24-48 and compare to page 9, lines 4-8 of the
appellants’ specification. Nagal is particularly relevant to
appealed claims 1 and 18.
These referenced documents would appear to us to be
worthy of further consideration in the event of any subsequent
prosecution before the examiner.
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