Appeal No. 1998-2836
Application No. 08/453,211
disclosed in Ito. In our view, the substitution of calcium
phosphate derived from powdered bone for HAp in the
composition disclosed in Ito would have been obvious to the
artisan and the artisan would have had a reasonable
expectation of success in doing so based on Oonishi's specific
disclosure that calcium phosphate derived from powdered bone
and HAp were known equivalents in the art. See, Oonishi, col.
4, ll. 38-43.
As should be apparent from our understanding of the
meaning of the language “animal bone powder,” supra, it is our
opinion that the language “a bone substitute material
comprising animal bone powder” reads on the material taught by
the combined teachings of Ito and Oonishi because calcium
phosphate derived from powdered bone is “animal bone powder”
as that language is construed in view of the underlying
specification.
Claim 3, dependent from claims 1, 22 and 23, requires
both animal bone powder and chemically synthesized particulate
HAp. The appellants argue that the applied prior art fails to
suggest a bone substitute material containing both animal bone
powder and chemically synthesized particulate HAp. See main
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