Ex Parte Petersen et al - Page 20


             Appeal No. 2006-2627                                                            Page 20                
             Application No. 09/947,833                                                                             

                           (2) hydroxypropyl methylcellulose (a plasticizing substance16); and                      
                           (3) a mixing solution.                                                                   
             Yim, column 7, lines 26-40 and column 8, lines 16-30.17                                                
                    According to Yim (column 8, lines 25-28), in this formulation the calcium sulfate               
             “provides a structural matrix function, an osteoconductive matrix, and a protein                       
             sequestering function.”  Stated differently, calcium sulfate aids in the development of                
             new bone.  In addition, the examiner recognizes (Answer, page 14), Yim discloses                       
             that bone repair compositions can be packaged into a kit.  See, e.g., Yim, column 8,                   
             lines 45-57.                                                                                           
                    Yim, however, does not teach a composition comprising demineralized bone and                    
             cancellous bone.                                                                                       


                                                     Wironen                                                        
                    Wironen also teaches a bone repair composition comprising demineralized bone                    
             and cancellous bone.  Wironen teaches (page 3, lines 14-16), it is desirable for a bone                
             repair composition to be both “osteoconductive (i.e. it conducts bone cells into a region)             
             and osteoinductive (i.e. stem cells are induced to differentiate into bone forming cells               
             which begin production of new bone).”  According to Wironen (page 2, lines 18-19),                     
             demineralized bone is osteoinductive having “the ability to induce the formation of bone               
             even in non-osseous tissues within 4 weeks.”                                                           
                                                                                                                    
             16 Yim discloses that protein-sequestering agents include cellulosic materials such as hydroxypropyl-  
             methylcellulose.  Yim, column 7, lines 1-37.                                                           
             17 The majority agrees that Yim teaches a composition comprising calcium sulfate, hydroxypropyl        
             methylcellulose, a mixing solution and BMP.  See, e.g. supra, bridging paragraph, pages 7-8.           






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