Appeal No. 2002-0450
Application No. 09/142,814
35 U.S.C. ' 103
Claims 1-8 and 10-11 stand rejected under 35 U.S.C. ' 103(a) as obvious over
Berg in view of Silver or Arnold.
Berg disclose biodegradable collagen based compositions for augmenting soft
tissue. According to the examiner, Berg=s compositions may be used as wound
dressings and implants. Answer, page 4. Berg=s compositions comprise resorbable
collagen beads, the beads having an average pore size of about 50 to 350 microns. Id.
Berg also teaches methods of preparing the beads comprising dispersing an
appropriate biopolymer such as collagen in an appropriate solvent or diluent, forming
the dispersion into minute droplets, then freezing the droplets and lyophilizing the
droplets to form porous beads. Id. The examiner acknowledges that Berg fails to
specifically teach a coating layer on their microspheres. Id.
The examiner relies on Silver to meet the above deficiency of Berg. Silver
discloses a biodegradable collagen matrix having a pore size of 50-250 microns and a
morphology which enhances the healing of a wound comprising a biopolymer such as
collagen, “a therapeutic agent and a diffusion control layer (coating) comprising a
biodegradable polymer such as copolymers of polylactic/polyglycolic acid.” Answer,
page 5. Silver also discloses that at first the collagen may be placed in a suitable
solvent such as a solution of HCL to form a mixture or dispersion, then they are frozen
in an ethanol or liquid nitrogen bath and finally dried. Id. The examiner finds the
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