Appeal No. 93-4191
Application 07/831,627
an energy source.” For example, will any patient taking
antibiotics be afflicted with the claimed physiological
condition, or just those patients taking certain antibiotics?
Is there a diagnostic assay available to those skilled in the
art to identify the claimed patient type?
In addition, the examiner might consider whether the
specification would have enabled the claimed method for
maintaining gastrointestinal integrity by administering a
composition comprising a lipid source that upon hydrolysis
yields short chain fatty acids. For example, it appears that
the examples in the specification only disclose compositions
which comprise preformed short chain fatty acids (SCFA) and,
not compositions which comprise a lipid source which upon
hydrolysis yields short chain fatty acids. Specification, 4
Examples 1
4If the medium chain triglycerides (MCTs) used in the
exemplified compositions hydrolyze to form SCFAs in vivo, then
it would appear that the compositions described in references
such as Cotter ‘807 which contain MCTs, especially those
described as triglycerides of C fatty acids, will of
6
necessity hydrolyze in vivo to form SCFAs. Thus, the issue
becomes whether the prior art teaches or suggests
administering MCTs to patients meeting the requirements of
claim 1.
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