Ex parte COTTER et al. - Page 5




                     Appeal No. 93-4191                                                                                                                                                
                     Application 07/831,627                                                                                                                                            



                     “whose gut bacteria flora is modified, reduced, or eliminated                                                                                                     
                     so as to impair its ability to provide short chain fatty acids                                                                                                    
                     as an energy source.”  According to the specification, this                                                                                                       
                     physiological state can occur, but is not limited to, the                                                                                                         
                     treatment of patients with antibiotics, chemotherapy, or                                                                                                          
                     radiation.  Specification, p. 2, lines 2-4.  In this regard,                                                                                                      
                     we direct attention to the teachings of Cotter ‘807 that                                                                                                          
                     triglycerides of medium chain fatty acids (MCTs), which                                                                                                           
                     include triglycerides of C  fatty acids, be administered to                                                                                                       
                                                                             6                                                                                                         
                     patients with organ transplants, Crohn’s disease, etc.  With                                                                                                      
                     respect to Crohn’s disease, for example, The Merck Manual3                                                                                                        
                     states that immunosuppressive drugs are effective to treat                                                                                                        
                     some aspects of the disease, and that “[b]road spectrum                                                                                                           
                     antibiotics that are active against enteric gram-negative and                                                                                                     
                     anaerobic flora may be of benefit in reducing disease activity                                                                                                    
                     in some patients but are most effective for suppurative                                                                                                           
                     complications (e.g., abscess infected fistula).”  Thus, it                                                                                                        

                                3The Merck Manual, Sixteenth edition, pp. 832-34 (1992),                                                                                               
                     copy attached to this decision.  We recognize that this                                                                                                           
                     edition is not prior art against the present claims.  The                                                                                                         
                     examiner should perform the necessary investigation to                                                                                                            
                     determine if similar knowledge is contained in the prior art.                                                                                                     
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