Ex parte ITO et al. - Page 8




                 Appeal No. 1998-2836                                                                                                                   
                 Application No. 08/453,211                                                                                                             


                 fields.  See p. 1, ll. 1-3.  The composition comprises a sol                                                                           
                 (a colloidal solution) of acidic aqueous chitosan,                                                                                     
                 hydroxyapatite (hereinafter referred to as “HAp”)  and zinc                             3                                              
                 oxide and/or magnesium oxide in powder form.  See p. 2, ll.                                                                            
                 14-19 and claim 1.                                                                                                                     
                          Oonishi discloses a hardening material useful as a root                                                                       
                 canal sealer, cement and a filling agent for dental use, or as                                                                         
                 a bone cement or filling agent.  See col. 37, ll. 60-63.  The                                                                          
                 hardening material disclosed by the reference comprises, inter                                                                         
                 alia, calcium phosphate and a setting liquid, with at least                                                                            
                 part or the whole of the calcium phosphate powder being either                                                                         
                 one or both of "-tricalcium phosphate (hereinafter referred to                                                                         
                 as ""-TCP”) and tetracalcium phosphate (hereinafter referred                                                                           
                 to as "4CP”).  A residual part of the calcium phosphate powder                                                                         
                 is taken by HAp, apatite carbonate, $-tricalcium phosphate                                                                             
                 (hereinafter referred to as "$-TCP"), and calcium hydrogen                                                                             
                 phosphate dihydrate etc.  See col. 3, ll. 39-46.  Oonishi also                                                                         
                 teaches that                                                                                                                           

                          3  The American Heritage Dictionary of the English                                                                            
                 Language, Third Edition, (1992), defines “hydroxyapatite” as                                                                           
                 "[t]he principal bone salt, Ca (PO ) OH, which provides the                                                                            
                                                                       5     4  3                                                                       
                 compressional strength of vertebrate bone."                                                                                            
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