Appeal No. 2006-0704 Page 29
Application No. 10/060,697
why people of ordinary skill in the art have combined both calcium sulfate and
demineralized bone together in bone repair compositions for years prior to appellants’
filing date. The combination of demineralized bone and calcium sulfate provides the
properties that result in a desirable bone repair composition. See Wironen, page 3,
lines 14-16, specifically, the resulting bone repair composition is both osteoconductive
and osteoinductive.
The evidence on this record is consistent with the knowledge and understanding
of a person of ordinary skill in the art. According to Yim (column 8, lines 25-28), the
calcium sulfate component of the bone repair composition provides an osteoconductive
functionality. Stated differently Yim teaches that the calcium sulfate component of a
bone repair composition aids in the development of new bone. The evidence of record
establishes that demineralized bone also has an osteoconductive functionality.
O’Leary, column 1, lines 15-17, “[b]one powder contains one or more substances . . .
which induce bone regeneration at the defect site.” Stated differently, O’Leary teaches
that the demineralized bone component of the bone repair composition aids in the
development of new bone. See also, Wironen, page 2, lines 18-19.
In addition, Yim teaches that the calcium sulfate component of this composition
provides a structural matrix and protein sequestering functionality. Yim, column 8, lines
25-28. Stated differently calcium sulfate acts as a scaffold and localizes BMP to the site
of injury. O’Leary introduces BMP into the demineralized bone. O’Leary, column 2, line
and O’Leary do speak to is a bone graft composition that uses calcium sulfate (Yim), or demineralized
bone (O’Leary) to aid in bone healing. As discussed above, this is exactly why people of ordinary skill in
the art have combined both calcium sulfate and demineralized bone together in bone repair compositions
for years prior to appellants’ filing date.
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