Appeal No. 2006-2627 Page 24
Application No. 09/947,833
another object of the invention is to provide an osteogenic composite material[ ]26 in the
presence of [a] bone derived osteoinductive material, including demineralized bone
matrix. . . .”).
Therefore, the combination of both calcium sulfate and demineralized bone in a
single bone repair composition is not new to appellants’ invention. To the contrary, for
years prior to appellants’ filing date, a person of ordinary skill in this art knew that the
combination of calcium sulfate and demineralized bone in a single bone repair
composition aided in bone healing.
According to Sottosanti (column 1, lines 28-33), demineralized bone “induces
undifferentiated cells in the graft site to differentiate into osteoblasts and grow into new
bone, while the graft material is resorbed by the host.” At column 4, lines 10-17,
Sottosanti discloses that the
[i]nclusion of DFDBA in the composite graft material actually induces new
bone formation by stimulating cellular transformation. At the same time,
the calcium sulfate in the graft material composition provides the benefit of
enhanced binding of the DFDBA to an osseous recipient graft site and
enhanced mineralization by providing a ready source of calcium ions.
Snyders discloses that “[f]or many years, it has been known that bone contains
biochemical factors which are released and/or activated in response to bone injury . . .,
and that these factors are essential not only in fracture repair but bone graft repair as
well.” Snyders, column 6, lines 58-62. In addition, Snyders discloses that calcium
sulfate “not only does not inhibit the normal growth and healing process of bone, it also
has been characterized as an accelerant of the same because of its contribution of
26 Snyders’ “osteogenic composite material” is a combination of collagen and plaster (e.g., calcium
sulfate). Snyders, column 4, lines 1-5; and column 5, lines 42-43.
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