Ex Parte Petersen - Page 19


             Appeal No. 2006-0704                                                            Page 19                
             Application No. 10/060,697                                                                             

             sequestering function.”  Stated differently, calcium sulfate aids in the development of                
             new bone.                                                                                              
                    Yim, however, does not teach a composition comprising demineralized bone and                    
             cancellous bone.                                                                                       


                                                     Wironen                                                        
                    Wironen also teaches a bone repair composition comprising demineralized bone                    
             and cancellous bone.  Wironen teaches (page 3, lines 14-16), it is desirable for a bone                
             repair composition to be both “osteoconductive (i.e. it conducts bone cells into a region)             
             and osteoinductive (i.e. stem cells are induced to differentiate into bone forming cells               
             which begin production of new bone).”  According to Wironen (page 2, lines 18-19),                     
             demineralized bone is osteoinductive having “the ability to induce the formation of bone               
             even in non-osseous tissues within 4 weeks.”                                                           
                    Wironen discloses a composition that comprises, inter alia, three components:                   
                    i. demineralized bone;                                                                          
                    ii. “bioactive glass ceramic, BIOGLASS®, bioactive ceramic, calcium phosphate                   
                       ceramic, hydroxyapatite, hydroxyapatite carbonate, corraline hydroxyapatite,                 
                       calcined bone, tricalcium phosphate, like material, or mixtures thereof;” and                
                    iii. “bone morphogenetic protein [(BMP)], TGF-beta, PDGF, or mixtures thereof,                  
                       natural or recombinant.”                                                                     
             See, e.g., Wironen, bridging paragraph, pages 5-6.  According to Wironen (page 6, lines                
             8-9, emphasis added), “[w]here present [the reagents of component] (ii) or like material               
             is included to enhance the range of manipulable characteristics of strength and                        
             osteoinduction exhibited by the composition.”                                                          






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