Ex Parte Gertzman et al - Page 1



                        The opinion in support of the decision being entered today was not written                       
                                 for publication and is not binding precedent of the Board.                              
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                                        
                                                     __________                                                          
                               BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                           
                                                     __________                                                          
                       Ex parte ARTHUR A. GERTZMAN and MOON HAE SUNWOO                                                   
                                                     __________                                                          
                                                  Appeal 2007-0532                                                       
                                               Application 10/828,316                                                    
                                              Technology Center 1600                                                     
                                                     __________                                                          
                                              Decided: March 27, 2007                                                    
                                                     __________                                                          
                 Before TONI R. SCHEINER, ERIC GRIMES, and NANCY J. LINCK,                                               
                 Administrative Patent Judges.                                                                           
                 GRIMES, Administrative Patent Judge.                                                                    


                                              DECISION ON APPEAL                                                         
                        This is an appeal under 35 U.S.C. § 134 involving claims to a bone                               
                 repair composition.  The Examiner has rejected the claims as obvious.  We                               
                 have jurisdiction under 35 U.S.C. § 6(b).  We affirm.                                                   
                                                  BACKGROUND                                                             
                        The specification discloses “a composition for filling bone defects                              
                 using demineralized allograft bone particles . . . mixed in a fluid carrier                             
                 having an isotonic phosphate buffer and a high molecular weight viscous                                 




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