Appeal No. 94-0591
Application 07/755,610
1. Introduction
This is an appeal from an examiner’s rejection of
Claims 1-9, 11, 12 and 16-20, all claims pending in this
application. All claims stand rejected under 35 U.S.C. § 103
over the combined teachings of Bilton, WO 84/02271, published
June 21, 1984; Wruble et al. (Wruble), U.S. 3,085,939, patented
April 16, 1963; and Babayan et al. (Babayan), WO 86/01715,
published March 27, 1986. All claims stand or fall together
(Appellant’s Brief (Br.), p. 3). Independent Claim 1 is
representative of the claimed subject matter and reads:
1. A lipid emulsion suitable for use as a
parenteral or enteral foodstuff, comprising from
5 to 50% by weight, relative to the total weight
of the emulsion, of a lipid phase in water, said
lipid phase consisting essentially of a mixture of
long-chain fatty acids in which 15 to 45% by weight
of the total fatty acids are essential fatty acids,
the essential fatty acids being linoleic acid and
[.alpha]-linolenic acid.
2. Claim interpretation
The claimed lipid emulsion comprises a lipid phase in water
(5-50% by weight lipids relative to the total weight of the
emulsion), “said lipid phase consisting essentially of a mixture
of long-chain fatty acids” (Claim 1). Of the total fatty acids
present in the lipid phase, 15-45% are selected from the group of
essential fatty acids consisting of linoleic acid and [.alpha]-linolenic
acid.
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