Appeal No. 2006-0704 Page 3
Application No. 10/060,697
cancellous bone;
a plasticizing substance; and
a mixing solution.
Thus, claim 16 is directed to a bone graft substitute comprising (among other
things) calcium sulfate, a mixing solution, and a plasticizing substance. The
specification states that mixing solutions include water and phosphate buffered saline,
and that plasticizing substances include cellulose derivatives such as hydroxypropyl
methylcellulose. See page 3, line 28 to page 4, line 3.
The claimed composition also comprises demineralized bone matrix and
cancellous bone. Cancellous bone is said to “provide the composition with good
structural support, and the relatively large surface area of the cancellous bone chips can
provide the composition with good osteoconduction.” Specification, page 10, lines 29-31.
2. Obviousness
The examiner has rejected claims 16-30 under 35 U.S.C. § 103 as obvious in
view of O’Leary,3 Yim and Wironen.4 See the Examiner’s Answer, page 3. The
examiner cites O’Leary’s disclosure of “a composition . . . comprising demineralized
osteogenic bone powder and a biocompatible liquid synthetic organic material as a
carrier for the bone powder with or without such optional ingredients as thixotropic
agents, medicaments, and the like.” Id. The examiner notes that O’Leary also
suggests that
[w]here . . . the bone powder has a tendency to quickly or prematurely
separate from the carrier . . . , it can be advantageous to include within the
composition a substance whose thixotropic characteristics prevent or
reduce this tendency. Thus, e.g., where the carrier component is glycerol
3 O’Leary et al., U.S. Patent No. 5,484,601, issued January 16, 1996.
4 Wironen et al., WO 98/40113, published September 17, 1998.
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