Appeal 2006-1953
Application 10/195,347
is small intestine submucosa (SIS)” (id. at 4: 19-20). The Specification
defines “naturally occurring ECM” as follows:
it is within the definition of a naturally occurring ECM to clean
and/or comminute the ECM, or to cross-link the collagen within
the ECM. However, it is not within the definition of a naturally
occurring ECM to separate and purify the natural fibers and
reform a matrix material from purified natural fibers. . . . Thus,
as used herein, the terms “naturally occurring extracellular
matrix” or “naturally occurring ECM” are intended to refer to
extracellular matrix material that has been cleaned, disinfected,
sterilized, and optionally cross-linked.
(Id. at 6.)
The Specification states that a “compacted mass of SIS . . . may be
hardened by air drying or by hot air drying to become extremely hard.
Unexpectedly, this hardened SIS may be machined or formed to have very
sharp pointed ends, sharp barbs, etc. With this process, anchors, tacks,
barbed tacks, and staples may be machined from such cured mass of SIS”
(id. at 8: 3-7).
DISCUSSION
1. CLAIMS
Claims 1-7, 17, 19-34, 42-45, 50-55, 57, 62-85, 92-94, 96-107, 117,
119-134, and 142-152 stand rejected (Br. 21). Appellants have withdrawn
the appeal of claims 55, 57, 62-64, 66, 67, 80, 81, 84, 85, 96-100, and 142-
1 “Br.” refers to the Appeal Brief received June 10, 2004; “Reply Br.” refers
to the Reply Brief received Oct. 11, 2004; “Suppl. Reply Br.” refers to the
Supplemental Reply Brief received Jan. 6, 2006; “Answer” refers to the
Examiner’s Answer mailed Aug. 11, 2004; and “Suppl. Answer” refers to
the Supplemental Examiner’s Answer mailed Nov. 7, 2005.
3
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