Appeal No. 2006-2627 Page 31
Application No. 09/947,833
which induce bone regeneration at the defect site.” Stated differently, O’Leary teaches
that the demineralized bone component of the bone repair composition aids in the
development of new bone. See also, Wironen, page 2, lines 18-19.
In addition, Yim teaches that the calcium sulfate component of this composition
provides a structural matrix and protein sequestering functionality. Yim, column 8, lines
25-28. Stated differently calcium sulfate acts as a scaffold and localizes BMP to the site
of injury. O’Leary introduces BMP into the demineralized bone. O’Leary, column 2, line
53 to column 3, line 5. While O’Leary does not characterize the demineralized bone as
having a structural matrix or protein sequestering functionality, in my opinion a person of
ordinary skill in the art would appreciate that demineralized bone provides these
functionalities when BMP is introduced into the bone particles and thereby provides a
scaffold, in addition to localizing BMP to the site of injury.
This is consistent with what a person of ordinary skill in this art knew and
understood at the time of appellants’ invention. See, e.g., Sottosanti, column 3, line 65
to column 4, line 2, “[t]he graft material is intended to function as a stimulus to bone
tissue growth. It can . . . provide inducers of bone tissue growth, be a scaffolding-type
structure that actively or passively attach osteoblasts or provide any combination of
these functions.” See also Snyders, column 3, lines 61-66, “[a]n object of the invention
is manifested in a composition of osteogenic composite materials in combination with
certain classes of biochemical agents having positive bone inductive effects to provide a
physiologically enhanced scaffolding for bony healing and body contour restoration.”
On reflection, the prior art of record teaches that calcium sulfate and
demineralized bone have properties that aid in the healing and development of new
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