Appeal 2007-2372
Application 10/395,654
flanges, in whole or in part from demineralized bone in light of the teaching
of Morris.
Scarborough relates to aspects of certain dependent claims that are not
at issue in this appeal. Applicant has not made any arguments for
patentability based on unexpected results or other "secondary" indicia of
patentability, and we consider such arguments to have been waived. All
claims fall with Claim 29.
Conclusion
Having considered all the evidence of record for and against the
patentability of Claims 29-33, 40, 42-50, and 53-59 of Application
10/395,654 under 35 U.S.C. § 103(a), we affirm the appealed final
rejections.
Order
Upon consideration of the appeal, and for the reasons given, it is
ORDERED that the decision of the Examiner rejecting Claims 29-33,
40, 42-50, and 53-59 of Application 10/395,654 under 35 U.S.C. § 103(a) is
affirmed;
FURTHER ORDERED that a copy of this decision be placed in
“pending U.S. Patent Application Ser. No. 10/933,667[, filed September 3,
2004]” (Br., p. 2); and
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