Ex Parte Gertzman et al - Page 3

                 Appeal 2007-0532                                                                                        
                 Application 10/828,316                                                                                  

                 and cellular material taken from a group consisting of living cells, cell                               
                 elements such as red blood cells, white blood cells, platelets, blood plasma,                           
                 pluripotential cells, osteoblasts, osteoclasts, and fibroblasts, epithelial cells,                      
                 and endothelial cells present at a concentration of 105 to 108 per cc of the                            
                 carrier, said hydrogel component having a molecular weight ranging from                                 
                 ten thousand to three hundred thousand Daltons with a stable viscosity and                              
                 said composition having a pH ranging from about 6.8 to about 7.4[.]                                     
                        26. A sterile formable bone composition as claimed in claim 23                                   
                 wherein said bone particles are allograft cortical bone ranging from 100                                
                 microns to 850 microns in size at a concentration ranging from 20% to 35%                               
                 by weight of the composition.                                                                           
                                                                                                                        
                        Claim 21 is directed to a formable composition comprising                                        
                 demineralized bone particles (5-50% w/w) in a viscous, phosphate buffered                               
                 aqueous carrier.  The carrier contains either chitosan or sodium alginate (5-                           
                 20% by weight of the carrier) with a molecular weight of 10,000 to 300,000                              
                 Daltons and provides a stable viscosity at 22° C to 37° C.  The composition                             
                 also has a pH in the range of 6.8 to 7.4 and comprises at least one of                                  
                 “transforming growth factor (TGF-beta), insulin growth factor (IGF-1),                                  
                 plat[e]let derived growth factor (PDGF), vascular endothelial growth factor                             
                 (VEGF), fibroblast growth factor (FGF) (numbers 1-23), osteopontin,                                     
                 growth hormones such as somatotropin cellular attractants and attachment                                
                 agents.”                                                                                                
                        Claim 23 is directed to a similar composition but requires chitosan as                           
                 the hydrogel, does not require a growth factor, and requires a “cellular                                
                 material taken from a group consisting of living cells, cell elements such as                           
                 red blood cells, white blood cells, platelets, blood plasma, pluripotential                             
                 cells, osteoblasts, osteoclasts, and fibroblasts, epithelial cells, and                                 


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