Appeal No. 94-0591
Application 07/755,610
However, the claimed “lipid emulsion” comprises but 5 to 50%
by weight lipid phase. Accordingly, while the lipid phase is
closed to other components which materially affect its basic and
novel characteristics, the non-lipid phase of the emulsion “does
not exclude additional, unrecited elements.” Moleculon Research
Corp. v. CBS, Inc., 793 F.2d 1261, 1271 n. 6, 229 USPQ 805, 812
n. 6 (Fed. Cir. 1986). The emulsion appellant claims is not only
open to “plant, animal or synthetic phospholipids” (Spec., p. 4,
l. 17-19), “tonicity-regulating agents such as glycerol, glucose,
a polyol or an amino acid” (Spec., p. 5, l. 1-2), “amino acids,
carbohydrates, vitamins, carnitine, trace elements or keto
analogues of amino acids” (Spec., p. 5, l. 3-8), pharmaceuticals,
solvents, and adjuvants (Spec., p. 5, l. 9-13), but also to
unrecited components.
3. Findings
A. Bilton
The object of Bilton’s invention is “to provide a
composition which will enhance the lymphatic absorption of
naturally-occurring essential fatty acids” (Bilton, p. 3, 3rd
in subjects undergoing severe metabolic stress. To
the extent that Babayan purportedly discloses the use
of long-chain fatty acids, it teaches away from the
present invention in that it teaches the use of a high
polyunsaturated acid content.
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