Appeal No. 1998-2836
Application No. 08/453,211
The subject matter on appeal is directed to a bone
substitute material or sheet and to a method of using a bone
substitute material wherein the bone substitute material is
“formed by kneading a powdery mixture of animal bone powder
and a divalent metal compound together with chitosan sol which
is prepared by dissolving chitosan by acid” (specification, p.
4). Claim 1 is illustrative of the subject matter on appeal
and is reproduced below:1
1. A bone substitute material comprising animal bone powder.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:2
1We note that the amendment after final rejection filed
on October 11, 1996 (Paper No. 9) has been clerically entered
in error. See Paper Nos. 10 and 22. The error should be
corrected upon return of the application to the jurisdiction
of the examiner.
2We call the following documents (copies enclosed) to the
examiner’s and to the appellants’ attention:
Bell (U.S. Patent No. 4,485,097) teaching a bone-
equivalent and a method for preparation thereof comprising,
inter alia, demineralized bone powder. See, e.g., col. 6, l.
9 to col. 7, l. 12 and claim 1.
O’Leary et al. (U.S. Patent No. 5,290,558, cited in
grandparent application No. 08/015,918) teaching a
demineralized bone powder composition disclosed as being
(continued...)
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