Appeal 2007-0532
Application 10/828,316
excipient derived from the class of biomaterials known as hydrogels which
contains cell material and/or growth factors” (Specification 1).
DISCUSSION
1. CLAIMS
Claims 2, 7, 8, and 21-28 are pending and on appeal. The claims have
been argued in three groups; the claims within these groups will stand or fall
together. 37 C.F.R. § 41.37(c)(1)(vii). Claims 21, 23, and 26 are
representative and read as follows:
21. A sterile formable bone composition for application to a bone
defect site to promote new bone growth at the site comprising a
demineralized osteoinductive and osteoconductive bone particles in an
aqueous carrier solution, the bone particles being added to a viscous carrier
at a concentration ranging from 5-50%(w/w), the carrier comprising a
hydrogel taken from a group consisting of chitosan and sodium alginate in a
phosphate buffered aqueous solution, said hydrogel ranging from about
5.0% to about 20.0% by weight of the aqueous carrier solution and said
hydrogel component having a molecular weight ranging from ten thousand
to three hundred thousand Daltons with a stable viscosity at a temperature
ranging from about 22º C to about 37º C and said composition having a pH
ranging from about 6.8 to about 7.4 and a growth factor additive added to
said composition, said growth factor comprising one or more of a group
consisting of transforming growth factor (TGF-beta), insulin growth factor
(IGF-1)); plat[e]let derived growth factor (PDGF), vascular endothelial
growth factor (VEGF), fibroblast growth factor (FGF)(numbers 1-23),
osteopontin, growth hormones such as somatotropin cellular attractants and
attachment agents.
23. A sterile formable bone composition for application to a bone
defect site to promote new bone growth at the site comprising demineralized
osteoinductive and osteoconductive allograft bone particles in an aqueous
carrier solution, the bone particles being added to a viscous carrier at a
concentration ranging from 5-50%(w/w), the carrier comprising a chitosan
in a phosphate buffered aqueous solution, said hydrogel chitosan ranging
from about 5.0% to about 20.0% by weight of the aqueous carrier solution
2
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