Ex parte PACHENCE et al. - Page 2




          Appeal No. 97-1192                                                          
          Application 08/385,290                                                      


          base claims.  Claims 11 through 16, the only other claims                   
          pending in the application, stand withdrawn from consideration              
          pursuant to 37 CFR § 1.142(b).                                              
               The invention relates to a template for the regenerative               
          repair of cartilage defects.  Claim 1 is illustrative and                   
          reads as follows:                                                           
               1.  A template for the repair of cartilage defects                     
          leading to the regeneration of hyaline-like cartilage, the                  
          template comprising:                                                        
               a) a first layer comprising a dense collagen membrane                  
          having a pore size of less than 1 micrometer which is cross-                
          linked with a non-cytotoxic agent to increase strength and                  
          lengthen resorption time, to provide a barrier against                      
          movement of cells from the subchondral plate, the membrane                  
          being sufficiently permeable to allow the passage therethrough              
          of fluids, nutrients, cytokines, and other endogenous factors               
          necessary for healing; and                                                  
               b) a second layer secured to the first layer and                       
          comprising a porous collagen matrix having pore size of 50 to               
          200 micrometers, which permits the ingrowth of cells.                       
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Lyng                      3,526,228                Sept. 1,                 
          1970                                                                        
          Tomoatsu Kimura et al., “Chondrocytes Embedded in Collagen                  
          Gels Maintain Cartilage Phenotype During Long-term Cultures,”               
          Clinical Orthopaedics, Vol. 186, pp. 231-39 (June 1984)                     
          (Kimura)                                                                    

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