At its core, the claimed invention aims to protect healthy tissues and organs from unsafe levels of exposure to radiation—a fundamental tenet that has been recognized by those in the art since the inception of radiation therapy.
For example, in the 1980s, absorbable polyglycolic acid mesh slings were developed, which could be surgically sewn above the pelvis site specifically to minimize radiation toxicity in the pelvic cavity.
Accordingly, prior to June 2002, compositions containing biocompatible, biodegradable polymers, which are capable of forming gels in vivo, such as HA and collagen, had been proposed for use in preventing radiation-induced toxicity in abdominal tissue.
Independent Claim 1 a. [1.Preamble] A method of delivering a therapeutic dose of radiation to a patient comprising Burg discloses “an absorbable implantable tissue expander device that can be used in surgeries as a gradually diminishing space filler.” EX1041, Abstract; EX1003, ¶108.
Respectfully submitted, Je uise, Reg. No. 34,613 Lead Counsel for Petitioner Palette CERTIFICATION UNDER 37 C.F.R. §42.24(d) Under the provisions of 37 C.F.R. §42.24(d), the undersigned hereby certifies that the word count for the foregoing Petition for Inter Partes Review totals 6,850, which is less than the 14,000 allowed under 37 C.F.R. 42.24(a)(i).