Appeal No. 2006-2627 Page 3
Application No. 09/947,833
about 10 to about 100 parts by weight of demineralized bone matrix;
about 20 to about 130 parts by weight of cancellous bone;
about 1 to about 40 parts by weight of a plasticizing substance; and
about 21 to about 250 parts by weight of a mixing solution,
wherein the cancellous bone has a particle size between about 1 and
about 4 mm.
Thus, claim 1 is directed to a bone graft substitute comprising (among other
things) calcium sulfate, a mixing solution, and a plasticizing substance, within specific
ranges of parts by weight. The specification states that mixing solutions include water
and phosphate buffered saline, and that plasticizing substances include cellulose
derivatives such as hydroxypropyl methylcellulose. See pages 3-4.
The claimed composition also comprises demineralized bone matrix and
cancellous bone, within specific ranges of parts by weight. Cancellous bone is said to
“provide the composition with good structural support, and the relatively large surface
area of the cancellous bone chips can provide the composition with good
osteoconduction.” Specification, paragraph bridging pages 11 and 12.
2. Obviousness
The examiner has rejected claims 1-26 under 35 U.S.C. § 103 as obvious in view
of O’Leary,3 Yim, and Wironen.4 See the Examiner’s Answer, page 7. The examiner
cites O’Leary’s disclosure of “a composition . . . comprising demineralized osteogenic
bone powder and a biocompatible liquid synthetic organic material as a carrier for the
bone powder with or without such optional ingredients as thixotropic agents,
3 O’Leary et al., U.S. Patent No. 5,484,601, issued January 16, 1996.
4 Wironen et al., WO 98/40113, published September 17, 1998.
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