Appeal No. 2006-2627 Page 4
Application No. 09/947,833
medicaments, and the like.” Id., page 8. The examiner notes that O’Leary also
suggests that
[w]here . . . the bone powder has a tendency to quickly or prematurely
separate from the carrier . . . , it can be advantageous to include within the
composition a substance whose thixotropic characteristics prevent or
reduce this tendency. Thus, e.g., where the carrier component is glycerol
and separation of bone powder occurs to an excessive extent where a
particular application is concerned, a thickener such as a . . . cellulosic
ester such as hydroxypropyl methylcellulose . . . can be combined with the
carrier in an amount sufficient to significantly improve the suspension-
keeping characteristics of the composition.
Id., page 9 (emphasis added).
The examiner concludes that O’Leary therefore “provides the motivation to
produce a bone graft substitute composition comprising a mixing solution [i.e.,
biocompatible liquid synthetic organic material such as glycerol], a plasticizing
substance [i.e., hydroxypropyl methylcellulose] . . . and demineralized bone matrix.”
Id., page 10.
The examiner acknowledges that O’Leary does not teach a composition
comprising calcium sulfate, but cites Yim for this limitation. See id. The examiner notes
that Yim teaches compositions for promoting the growth of bone comprising bone
morphogenic proteins and a calcium sulfate hemihydrate-containing substance (CSHS).
Id., page 11. The examiner notes that Yim’s compositions can also contain
hydroxypropyl methylcellulose, among other things, as a “protein-sequestering agent.”
Id., page 12. Thus, the examiner finds that Yim discloses
a bone graft substitute composition, similar to O’Leary et al., which
contains calcium sulfate, a mixing solution [i.e., “water or saline or other
buffers”; Examiner’s Answer, page 14, line 8], and a plasticizing substance
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