Appeal No. 2006-0704 Page 2
Application No. 10/060,697
Background
“Calcium sulfate has been clinically used for many years as a bone void filler with
successful results.” Specification, page 1. Calcium sulfate hemihydrate is also known
as Plaster of Paris. See Yim,2 column 2, lines 60-62. The specification discloses a
“bone graft substitute composition [that] comprises, in general, a quantity of calcium
sulfate, a quantity of fluid (e.g., sterile water), and a quantity of a plasticizing substance
(e.g., carboxymethylcellulose) which provides a resultant composition that is robust and
has an extended set time.” Specification, page 3.
The “extended set time . . . provides a useful working time of at least 5 minutes to
allow sufficient time for a surgeon to properly apply the bone graft substitute
composition, while the robustness of the resultant composition allows the implanted
composition to withstand the typical pressure of body fluids, irrigation fluids and/or
suctioning with minimal material erosion, disintegration or dissolution.” Id. “The
composition may include a bioactive agent selected from the group consisting of
demineralized bone matrix, growth factors, hyaluronic acid, bone morphogenic proteins,
bone autograft, and bone marrow, etc.” Id., page 4.
Discussion
1. Claims
Claims 16-30 are pending and on appeal. Claim 16 is representative and reads
as follows:
16. A bone graft substitute composition, comprising:
calcium sulfate;
demineralized bone matrix;
2 Yim et al., U.S. Patent No. 5,385,887, issued January 31, 1995 (of record).
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