Appeal No. 2006-2627 Page 8
Application No. 09/947,833
compositions have two required components: calcium sulfate hemihydrate-containing
substance (CSHS) and an osteogenic protein. See column 2, lines 26-28. Yim’s
preferred osteogenic proteins are bone morphogenic proteins (BMPs). Column 2,
line 68 to column 3, line 2. Yim’s compositions also optionally contain a “porous
particulate polymer matrix [and/or] an osteogenic protein-sequestering amount of
autogenous blood.” Column 2, lines 16-26. “The compositions . . . may optionally
include other protein-sequestering agents,” such as hydroxypropyl methylcellulose. See
column 7, lines 26-33.
Yim states that “U.S. Pat. No. 5,171,579 . . . disclosed that osteogenic proteins
can be sequestered at a site where bone inducing activity is desired using autogenous
blood, without using antifibrinolytic agents, provided that a porous particulate polymer
matrix is incorporated into the formulation.” Column 2, lines 51-56. Yim teaches that
the inclusion of CSHS “improve[s] the above formulation’s handling characteristics.”
See column 2, lines 56-65:
To reduce the preparation time and improve the above formulation’s
handling characteristics, Applicants have surprisingly found that it is
desirable to add a calcium sulfate hemihydrate-containing substance
(CSHS). . . . Adding a CSHS reduces setup time and provides improved
moldability and consistency of the resulting formulation.
In summary, then, O’Leary and Yim both teach compositions to be used in bone
repair. O’Leary’s composition is a flowable mixture of demineralized bone powder and
a carrier such as glycerol; it can also include hydroxypropyl methylcellulose as a
thickener. Yim’s composition contains osteogenic proteins such as BMPs and calcium
sulfate; it can also contain blood or another protein sequestering agent such as
hydroxypropyl methylcellulose and a porous particulate polymer matrix. The calcium
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