Appeal No. 2006-2627 Page 5
Application No. 09/947,833
[i.e., hydroxypropyl methylcellulose] and which has improved moldability
and consistency.
Id., page 13.
The examiner concludes that “it would have been obvious to one of ordinary skill
in the art at the time the invention was made to modify the composition of O’Leary et al.,
with components of the composition of Yim et al.” Id., page 15. Specifically, “[o]ne of
ordinary skill in the art . . . would have been motivated to include a calcium sulfate
component into the composition of O’Leary et al. with the expected benefit disclosed by
Yim et al., i.e. that a calcium sulfate component would add improved handling,
moldability and consistency to the formulation of O’Leary as well as reducing the set up
time.” Id., page 15.
The examiner acknowledges that the claimed compositions also comprise
cancellous bone, and cited Wironen for this limitation. The examiner characterizes
Wironen as disclosing “a bone paste for the repair of bone defects” and notes that
Wironen
states that the composition “may act as a carrier for cortical, cancellous or
cortical and cancellous bone chips. Such compositions are useful for
filling larger bone voids. In addition, when these bone chips are not
demineralized, they provide an added spectrum of biological properties
not exhibited by the gelatin alone or the gelatin plus the osteogenic
components. . . .”
Id., pages 16-17. The examiner concludes that “it would have been obvious to one of
ordinary skill in the art at the time the invention was made to include cancellous bone
chips within the range claimed into the composition of O’Leary . . . [because] they fill
larger bone voids and provide an added spectrum of biological properties to the
composition.” Id., page 17.
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