Appeal No. 1998-2836
Application No. 08/453,211
calcium phosphate derived from powdered bone or animal bone
powder is present as a residual component in the composition
disclosed by Oonishi does not teach away from the substitution
of calcium phosphate derived from powdered bone for HAp in the
composition disclosed by Ito, since Oonishi is not relied on
for its teaching of the proportion of HAp in a hardenable
composition but only for its teaching of the
interchangeability of calcium phosphate derived from powdered
bone and synthetic HAp in a hardenable composition of the type
disclosed by Ito.
The appellants also argue (main brief, pp. 11-12) that
even if Oonishi suggests the inclusion of powdered bone and
HAp in the same group of substances useful for the residual
component in Oonishi’s composition, such is not a teaching
that HAp and animal bone powder are “equivalent” in the Ito
composition. This argument is not well taken because, in our
opinion, the evidence of record establishes that an artisan
would have understood that calcium phosphate derived from
powdered bone is mainly HAp. We note every reference relies
to some extent on knowledge of persons skilled in the art to
complement that which is disclosed therein. See In re Bode,
18
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: November 3, 2007