Appeal No. 2006-0704 Page 17
Application No. 10/060,697
Claim 23 depends from and further limits the composition of claims 16 to
comprise specified amounts of the five ingredients set forth in claim 16.
The prior art:
In setting forth the rejection of claims 16 and 23, the examiner relies on the
combination of three references - O’Leary, Yim and Wironen.
O’Leary
O’Leary teaches a “flowable[ ]13 demineralized bone powder composition . . . for
use in surgical bone repair.” See, e.g., O’Leary, Abstract. In this regard, the examiner
finds (Answer, page 5), O’Leary discloses that the composition comprises
demineralized bone; a mixing solution; and hydroxypropyl methylcellulose (a plasticizing
substance). According to O’Leary (column 1, lines 15-17), “[b]one powder [e.g.
demineralized bone] contains one or more substances . . . which induce bone
regeneration at the defect site.” Stated differently, bone powder aids in the
development of new bone. In addition, O’Leary discloses that bone morphogenic
proteins (BMPs) can be incorporated into the bone powder composition, or more
specifically into the bone particles themselves. O’Leary, column 2, line 53 to column 3,
line 5.14
13 According to O’Leary (column 3, lines 30-36), “[t]he term ‘flowable’ as used herein applies to
compositions whose consistencies range from those which can be described as shape-sustaining but
readily deformable, e.g., those which behave like putty, to those which are runny. Specific forms of
flowable bone powder compositions include cakes, pastes, creams and fillers.”
14 The majority agrees that O’Leary teaches a composition comprising demineralized bone, hydroxypropyl
methylcellulose, a mixing solution and BMP. See, e.g. supra, page 7.
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