Appeal No. 2006-2627 Page 22
Application No. 09/947,833
The common ground:
Both O’Leary and Yim teach a composition for use in bone repair that comprises
a common core of ingredients which comprise:
(1) hydroxypropyl methylcellulose (a cellulose derivative); and
(2) a mixing solution.
As discussed above, this is undisputed by the majority.
The differences:
The prior art of record does not teach a composition that combines both calcium
sulfate, demineralized bone and cancellous bone together with a common core of
ingredients that comprises hydroxypropyl methylcellulose and a mixing solution.
Instead, O’Leary takes this common core of ingredients and adds demineralized bone;
and Yim takes this common core of ingredients and adds calcium sulfate. For his part
Wironen teaches a bone repair composition comprising a gelatin (which may be
“thermally cross-linkable”) demineralized bone, cancellous bone, BMP, and a reagent
that “enhances the range of manipulable characteristics of strength and osteoinduction
exhibited by the composition.” Wironen, page 5, line 21 to page 6, line 9.
The level of skill in the art:
In the background section of their specification (pages 1-2) appellants discuss a
number of prior art references that establish the state of this art, and level of skill in this
Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: November 3, 2007