Appeal No. 1997-2634
Application 08/222,662
within the pores as well as the surface of the matrix as early as the first day
after seeding.
The claims are directed to biodegradable polyphosphazene matrices of defined
porosity, i.e., with pore dimensions of between 100 and 250 microns, and methods “for
repair or replacement of bone,” but are not limited to three dimensional structures. There
are three rejections of the claims under 35 U.S.C. § 103; in our view the dispositive issue
in each is the examiner’s proposed combination of Elia and Laurencin, so we shall
consider the rejections together.
Elia is directed to methods, devices and materials for bone augmentation. “The
bone augmentation material preferably is such that it hardens and sets over time and, as is
the case with hydroxyapatite, . . . becomes attached to the existing bone structure because
the bone structure grows into or around the bone augmentation material.” Column 11, lines
21-26. A containment system, or pocket, “inserted between facial tissue and underlying
bone,” “is shaped to receive bone augmenting material and store [it] adjacent the
underlying bone” until it hardens. Column 4, lines 4-11. “Further, the containment pocket []
is preferably formed of . . . material that is dissolved and/or resorbed by the body such that
after a suitable period of time all that remains is the bone augmentation material.” Column
11, lines 26-30. Finally, the containment pocket may function as a porous barrier, “to
control the flow of matter and/or energy in a deliberate way,” and “to contain and enhance
the delivery of nutrients and other components that enhance the tissue reconstruction
process.” Column 13, lines 3-14. In addition to materials like collagen, cross-linked
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