Interference No. 103,570
FINAL DECISION
This interference involves a patent of the junior party,
Wallace et al. (Wallace), and an application of the senior party,
Hubbard. According to the record before us, the Wallace patent
is assigned to Cohesion Technologies, Inc. (Paper No. 104), and
the Hubbard application is assigned to Bioform, Inc. (Paper No.
108).
The subject matter in issue relates to a method for
augmenting tissue in a mammal by administration of a composition
including a matrix of ceramic particles and a fluid carrier.
This subject matter is more particularly defined by the sole
count in issue, count 2, which reads as follows:
Count 2.
(a) [Wallace et al. claim 1]
[1.] A method for augmenting tissue in a living mammal,
said method comprising subcutaneously injecting a
composition including a ceramic matrix present in a
pharmaceutically acceptable fluid carrier to a tissue site,
wherein the ceramic matrix comprises particles having a size
distribution in the range from 50 µm to 250 µm.
or
(b) [Hubbard claim 21]
[21.] A method for soft tissue augmentation comprising
introducing at a desired site of a mammalian species in need
of such soft tissue augmentation material comprising a
matrix of rounded, substantially spherical, biocompatible,
substantially non-resorbable, finely divided ceramic
2
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