Appeal No. 1998-2836 Application No. 08/453,211 Sumita 5,180,426 Jan. 19, 1993 Oonishi et al. 5,223,029 Jun. 29, 1993 (Oonishi) (filed Apr. 9, 1990) Ito EP 329,098 Aug. 23, 1989 (published application) The appealed claims stand finally rejected under 35 U.S.C. § 103(a) on the following grounds: (1) Claims 1 through 3 and 16 through 23, unpatentable over Ito in view of Oonishi; and (2) Claims 8 through 11, unpatentable over Ito in view of Oonishi, and further in view of Sumita. 2(...continued) useful for reconstruction of skeletal or other osseous defects, bone plates and replacement of corticocancellous strips. See, e.g., col. 2, ll. 6-21 and col. 5, ll. 24-33. Nagal (Published EPO Application No. 0 253 506) teaching a substitute bone material comprising a ceramic material of natural powdery or particulate hydroxyapatite obtained from cow bones calcined at a temperature around 800EC. See, e.g., col. 3, ll. 24-48 and compare to page 9, lines 4-8 of the appellants’ specification. Nagal is particularly relevant to appealed claims 1 and 18. These referenced documents would appear to us to be worthy of further consideration in the event of any subsequent prosecution before the examiner. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007