Appeal No. 2006-0704 Page 7
Application No. 10/060,697
material as carrier therefor.” See column 1, lines 49-51. Suitable carriers are said to
“include liquid polyhydroxy compounds and their esters, polysaccharides, surface active
agents, and the like. . . . [G]lycerol is especially preferred.” Column 3, lines 36-49.
O’Leary teaches that “[a]ny of a variety of substances can be introduced into the
bone particles,” including (among many other things) “bone morphogenetic [sic]
proteins.” See column 2, line 53 to column 3, line 12. O’Leary also teaches that, in
compositions where the bone powder settles out or separates from the carrier, a
thickener can be added; suitable thickeners include hydroxypropyl methylcellulose.
See column 3, line 56 to column 4, line 6.
Thus, O’Leary teaches a composition that necessarily contains demineralized
bone powder and a carrier (preferably glycerol) and may contain numerous other
components, including bone morphogenic proteins and hydroxypropyl methylcellulose.
O’Leary teaches that “[f]unctionally, the liquid component . . . serves to provide a
flowable material of widely varying consistency,” from runny to putty-like. See column 3,
lines 27-33.
Yim discloses compositions useful “to promote the formation of cartilage and/or
bone, for repair of tissue damage and fractures.” Column 2, lines 46-47. Yim’s
compositions have two required components: calcium sulfate hemihydrate-containing
substance (CSHS) and an osteogenic protein. See column 2, lines 26-28. Yim’s
preferred osteogenic proteins are bone morphogenic proteins (BMPs). Column 2,
line 68 to column 3, line 2. Yim’s compositions also optionally contain a “porous
particulate polymer matrix [and/or] an osteogenic protein-sequestering amount of
autogenous blood.” Column 2, lines 16-26. “The compositions . . . may optionally
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