Appeal No. 2006-2627 Page 21
Application No. 09/947,833
Wironen discloses a composition that comprises, inter alia, three components:
i. demineralized bone;
ii. “bioactive glass ceramic, BIOGLASS®, bioactive ceramic, calcium phosphate
ceramic, hydroxyapatite, hydroxyapatite carbonate, corraline hydroxyapatite,
calcined bone, tricalcium phosphate, like material, or mixtures thereof;” and
iii. “bone morphogenetic protein [(BMP)], TGF-beta, PDGF, or mixtures thereof,
natural or recombinant.”
See, e.g., Wironen, bridging paragraph, pages 5-6. According to Wironen (page 6,
lines 8-9, emphasis added), “[w]here present [the reagents of component] (ii) or like
material is included to enhance the range of manipulable characteristics of strength and
osteoinduction exhibited by the composition.”
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.
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