Appeal No. 1998-2836
Application No. 08/453,211
which teaches a hardenable composition containing chitosan
sol, commercially available HAp and zinc oxide and/or 8
magnesium oxide powder. Specifically, Ito discloses an
Example No. 5 comprising 1.0 g chitosan solution, .46 g HAp,
.03 g zinc oxide, and .01 g calcium oxide having a hardening
time of 2 min and a compressive strength of 21.6 kg/cm . The 2
37 CFR § 1.132 declaration states that the reported
experiments were performed on samples manufactured as
described on pages 14 and 15 of the appellants’ specification.
Page 14 of the specification describes a sample containing
bovine bone powder and HAp. A sample containing “a small
amount of hydroxyapatite without any bovine bone powder” is
described on page 15. The specification does not identify
what constitutes “a small amount of hydroxyapatite” or whether
all types of commercially available HAp were tested. The
samples containing apatite, rather than HAp, are even more
unlike the composition disclosed in Ito. Thus, the evidence
8Based on Oonishi’s reference to “synthetic HAp,” we
understand that “commercially available hydroxyapatite” also
includes natural HAp, i.e., HAp derived from a living body or
from powdered bone.
15
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