Appeal No. 2006-2627 Page 18
Application No. 09/947,833
The second part comprises:
1. a second portion of cancellous bone having a particle size between about
4 and about 10 mm.
The third part comprises:
1. about 50 to about 300 parts by weight of a mixing solution.
Claim 25 requires that the first and second portions of cancellous bone total about 20 to
about 150 parts by weight of cancellous bone. In addition, claim 25 requires that the
first and third parts of the composition be mixed to form a mass.
The prior art:
In setting forth the rejection of claims 1, 23 and 25, the examiner relies on the
combination of three references - O’Leary, Yim, and Wironen.
O’Leary
O’Leary teaches a “flowable[ ]14 demineralized bone powder composition . . . for
use in surgical bone repair.” See, e.g., O’Leary, Abstract. In this regard, the examiner
finds (Answer, page 10), O’Leary discloses that the composition comprises
demineralized bone; a mixing solution; and hydroxypropyl methylcellulose (a plasticizing
substance). According to O’Leary (column 1, lines 15-17), “[b]one powder [e.g.
demineralized bone] contains one or more substances . . . which induce bone
regeneration at the defect site.” Stated differently, bone powder aids in the
14 According to O’Leary (column 3, lines 30-36), “[t]he term ‘flowable’ as used herein applies to
compositions whose consistencies range from those which can be described as shape-sustaining but
readily deformable, e.g., those which behave like putty, to those which are runny. Specific forms of
flowable bone powder compositions include cakes, pastes, creams and fillers.”
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