Ex Parte CIMA et al - Page 5




          Appeal No. 1998-2813                                                        
          Application No. 08/463,203                                                  


          devices therein, this patent notes (col. 7, lines 31-38) that "a            
          polymeric FFM [free-form manufacturing] reproduction may also be            
          done using photoactive polymer techniques."  Note also, column 7,           
          line 44, et. seq., wherein a composite polymeric/ceramic process            
          is described.  When Fink uses the language "fluid materials" in             
          describing the free-form manufacturing of an implant it is made             
          clear in column 7, lines 37-38, that such language encompasses              
          either liquids or masses of particles being used in the                     
          fabrication process.                                                        


          In contrast to appellants' arguments in the brief and reply                 
          brief, we are of the opinion that Fink teaches a medical implant            
          as set forth in claim 19 on appeal which is made using solid                
          free-form fabrication methods and comprises a matrix of                     
          successive layers of biocompatible polymeric material having                
          interconnected pores extending throughout the matrix suitable for           
          seeding or ingrowth of cells.  Again, we note that Fink discloses           
          the use of polymeric materials in column 7, lines 31-35 and in              
          column 7, line 46, et. seq., for making the devices therein and             
          discloses the importance of pore structure (e.g., volume and                
          size) within the matrix so as to allow the seeding of cells                 
          (col. 5, lines 32-34) and the ingrowth of vasculature and                   
          osteogenic cells (col. 3, lines 7-15).  See also column 7, lines            

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