Appeal 2007-0532
Application 10/828,316
Boyce states that the “bone particles can be combined with one or
more biocompatible components such as wetting agents, biocompatible
binders, fillers, fibers, plasticizers, biostatic/biocidal agents, surface active
agents, bioactive agents, and the like, prior to, during, or after compressing
the bone particle-containing composition” (col. 7, ll. 55-60) (emphasis
added).
Boyce discloses that suitable wetting agents include physiological
saline (col. 7, l. 66 to col. 8, l. 1). Boyce does not expressly state that the
physiological saline is phosphate buffered, but Appellants do not argue that
there is a patentable distinction between Boyce’s “physiological saline” and
the “phosphate-buffered aqueous solution” recited in the claims.
Boyce states that suitable bioactive binders include chitosan (col. 8,
ll. 13-16). “When employed, binders will typically represent from about 5 to
about 70 weight percent of the bone particle-containing composition,
calculated prior to compression of the composition” (Boyce, col. 8, ll. 37-
40). Boyce also states that chitosan can be added as a thickener when bone
particles show a tendency to settle out of a particular slurry or paste
composition (col. 10, l. 58 to col. 11, 1. 9).
Boyce discloses that preferred fillers include demineralized bone
powder and that, “[w]hen employed, filler will typically represent from
about 5 to about 80 weight percent of the bone particle-containing
composition, calculated prior to compression of the composition” (col. 8,
ll. 55-58).
Boyce also discloses that
[b]ioactive substances which can be readily combined with the
bone particles include . . . living cells such as chondrocytes,
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