Interference No. 103,570
declarations of Dr. Kent (HR 130-131), Dr. Poser (HR 135-136) and
Dr. Hubbard (HR 141-142) are to the same effect. Based on a
detailed analysis of the Calcitite® (HA-2) particles shown in
Figure 2 of Misiek, Dr. Poser concluded that these particles
“clearly do not possess the morphology of a sphere and would not
teach to a person of ordinary skill the importance of a
‘substantially spherical’ morphology as required by Hubbard claim
21.”
In view of the foregoing, we are convinced that the
Calcitite® particles described in the Misiek article are not
“substantially spherical” as that term is used in Hubbard claim
21, nor does Misiek provide any motivation to select ceramic
particles which are both “rounded” and “substantially spherical.”
Wallace (WX-7)
The Wallace reference relates to injectable compositions for
soft tissue augmentation which include a particulate
biocompatible material and a biocompatible fluid lubricant.
Wallace further suggests that the particulate biomaterial can be
in the form of rigid spherical particles (col. 2, ll. 42-65).
In our opinion, the Wallace reference is not dispositive on
the question of obviousness since it does not refer to ceramic
particles, such as calcium hydroxyapatite, nor does it suggest
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