Appeal No. 2006-0704 Page 18
Application No. 10/060,697
Therefore, O’Leary teaches a bone repair composition that comprises:
(1) demineralized bone;
(2) hydroxypropyl methylcellulose (a plasticizing substance); and
(3) a mixing solution.
As the examiner recognizes (Answer, page 6), however, O’Leary does not teach
that calcium sulfate or cancellous bone is included in the bone repair composition.
Yim
According to the examiner (id.), Yim discloses bone repair compositions that are
formulated for delivery of BMP. In this regard, the examiner finds (Answer, page 9),
Yim’s formulations “contain calcium sulfate, a mixing solution, and a plasticizing
substance . . . .” More specifically, Yim discloses a bone repair composition that
comprises:
(1) calcium sulfate;
(2) hydroxypropyl methylcellulose (a plasticizing substance15); and
(3) a mixing solution.
Yim, column 7, lines 26-40 and column 8, lines 16-30.16
According to Yim (column 8, lines 25-28), in this formulation the calcium sulfate
“provides a structural matrix function, an osteoconductive matrix, and a protein
15 Yim discloses that protein-sequestering agents include cellulosic materials such as hydroxypropyl-
methylcellulose. Yim, column 7, lines 1-37.
16 The majority agrees that Yim teaches a composition comprising calcium sulfate, hydroxypropyl
methylcellulose, a mixing solution and BMP. See, e.g. supra, bridging paragraph, pages 7-8.
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