Appeal No. 2006-2627 Page 19
Application No. 09/947,833
development of new bone. In addition, O’Leary discloses that bone morphogenic
proteins (BMPs) can be incorporated into the bone powder composition, or more
specifically into the bone particles themselves. O’Leary, column 2, line 53 to column 3,
line 5.15
Therefore, O’Leary teaches a bone repair composition that comprises:
(1) demineralized bone;
(2) hydroxypropyl methylcellulose (a plasticizing substance); and
(3) a mixing solution.
In addition, O’Leary discloses that bone repair compositions can be packaged into a kit.
See, e.g., O’Leary, column 1, lines 58-63.
As the examiner recognizes (Answer, page 10), 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 13),
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;
15 The majority agrees that O’Leary teaches a composition comprising demineralized bone, hydroxypropyl
methylcellulose, a mixing solution and BMP. See, e.g. supra, page 7.
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