Appeal No. 2006-0704 Page 20
Application No. 10/060,697
In this regard, I note that Wironen discloses (bridging paragraph, pages 1-2,
emphasis added), “[a]ll of the artificially produced bone-grafting materials available
today fall in the osteoconductive category of grafts. Among these are Bioglass®,
Norian®, Collagraft®, corraline hydroxyapatite, powdered hydroxyapatite, crystalline and
amorphous hydroxyapatite (hydroxyl apatite), and a number of other products.” No
doubt this listing is not exhaustive, and while not listed, the evidence of record clearly
establishes calcium sulfate as a member of this genus of osteoconductive reagents
useful in a bone repair composition. See, e.g., Yim, column 8, lines 25-28, calcium
sulfate provides, inter alia, “a structural matrix function [and] an osteoconductive
matrix. . . .”
In addition, Wironen explains that cancellous bone can be added to the bone
repair composition comprising demineralized bone when large bone voids need repair.
Wironen, page 13, lines 11-14.
The common ground:
Both O’Leary and Yim teach a composition for use in bone repair that comprises
a common core of ingredients which comprise:
(1) hydroxypropyl methylcellulose (a cellulose derivative); and
(2) a mixing solution.
As discussed above, this is undisputed by the majority.
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