Appeal No. 1998-2836
Application No. 08/453,211
The HAp etc. may be calcium phosphate originated
from a living body as well as powdered bone or may
be a synthetic HAp, apatite carbonate, or $-TCP etc.
obtainable from a well-known method or a method
known in public. Calcium phosphate of these kinds
has no injurious character for a body. 4
Col. 4, ll. 38-43. We are also informed by Oonishi that "-TCP
and 4CP can be converted into HAp under the conditions similar
to those in a body or a mouth (col. 1, l. 67-col. 2, l. 2) and
that HAp is a main inorganic component of body hard tissue
(col. 1, ll. 54-55).
In applying the test for obviousness, we reach the 5
conclusion that it would have been obvious to one having
ordinary skill in the art, from a combined assessment of the
Ito and Oonishi teachings, to fabricate the hardenable
composition of Ito using the calcium phosphate derived from
powdered bone disclosed in Oonishi in place of the HAp powder
4 The American Heritage Dictionary of the English
Language, Third Edition, (1992), defines “apatite” as “[a]
natural, variously colored calcium fluoride phosphate,
Ca F(PO ) , with chlorine, hydroxyl, or carbonate sometimes
5 4 3
replacing the fluoride. It is a source of phosphorus for
plants and is used in the manufacture of fertilizers.”
5The test for obviousness is what the combined teachings
of the references would have suggested to one of ordinary
skill in the art. See In re Young, supra, and In re Keller,
supra.
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