Appeal No. 2006-2627 Page 7
Application No. 09/947,833
those of ordinary skill in the art. As recognized by the examiner, the composition of
claim 1 has five components: calcium sulfate, a mixing solution, a plasticizing
substance (e.g., hydroxypropyl methylcellulose), demineralized bone matrix, and
cancellous bone.
O’Leary discloses a composition for use in bone repair that has two required
ingredients: demineralized bone powder and a “biocompatible liquid synthetic organic
material as carrier therefor.” See column 1, lines 49-51. Suitable carriers are said to
“include liquid polyhydroxy compounds and their esters, polysaccharides, surface active
agents, and the like. . . . [G]lycerol is especially preferred.” Column 3, lines 36-49.
O’Leary teaches that “[a]ny of a variety of substances can be introduced into the
bone particles,” including (among many other things) “bone morphogenetic [sic]
proteins.” See column 2, line 53 to column 3, line 12. O’Leary also teaches that, in
compositions where the bone powder settles out or separates from the carrier, a
thickener can be added; suitable thickeners include hydroxypropyl methylcellulose.
See column 3, line 56 to column 4, line 6.
Thus, O’Leary teaches a composition that necessarily contains demineralized
bone powder and a carrier (preferably glycerol) and may contain numerous other
components, including bone morphogenic proteins and hydroxypropyl methylcellulose.
O’Leary teaches that “[f]unctionally, the liquid component . . . serves to provide a
flowable material of widely varying consistency,” from runny to putty-like. See column 3,
lines 27-33.
Yim discloses compositions useful “to promote the formation of cartilage and/or
bone, for repair of tissue damage and fractures.” Column 2, lines 46-47. Yim’s
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