Ex Parte Petersen et al - Page 17


             Appeal No. 2006-2627                                                            Page 17                
             Application No. 09/947,833                                                                             

                    Claim 23 is drawn to a kit that comprises three parts.                                          
                    The first part comprises:                                                                       
                       1. about 80 to about 120 parts by weight of calcium sulfate;                                 
                       2. about 10 to about 120 parts by weight of demineralized bone matrix;                       
                       3. a first portion of cancellous bone having a particle size between about 4                 
                           and about 10 mm; and                                                                     
                       4. about 1 to about 40 parts by weight of a plasticizing substance (e.g.,                    
                           hydroxypropyl methylcellulose).                                                          
                    The second part comprises:                                                                      
                       1. a second portion of cancellous bone having a particle size between about                  
                           4 and about 10 mm.                                                                       
                    The third part comprises:                                                                       
                       1. about 50 to about 300 parts by weight of a mixing solution.                               
             Claim 23 further requires that the first and second portions of cancellous bone total                  
             about 20 to about 150 parts by weight of cancellous bone.                                              
                    Claim 25 is drawn to a method of using a bone graft substitute composition.                     
             According to claim 25, the composition is provided in three parts.                                     
                    The first part comprises:                                                                       
                       1. about 80 to about 120 parts by weight of calcium sulfate;                                 
                       2. about 10 to about 120 parts by weight of demineralized bone matrix;                       
                       3. a first portion of cancellous bone having a particle size between about 4                 
                           and about 10 mm; and                                                                     
                       4. about 1 to about 40 parts by weight of a plasticizing substance (e.g.,                    
                           hydroxypropyl methylcellulose).                                                          








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