Appeal No. 94-0591
Application 07/755,610
full para.), more particularly “linolenic acid, di-homo-gamma-
linoleic acid and arachidonic acid . . . [which] have been
shown to be necessary for the tissue biosynthesis of the
prostaglandins, which perform vital hormone-like activities in
the transmission of genetic information in all cells,” “cannot be
manufactured by the body,” and therefore “are essential dietary
components” (Spec., p. 1, 2nd para.). To that end, Bilton
formulates oil-in-water emulsions by (Spec., pp. 4-5, bridging
para.):
. . . emulsifying a vegetable or animal oil rich
in polyunsaturated, long-chain fatty acids with an
emulsifying agent in the presence of one or more
polyhydric alcohol stabilizers, and antibacterial
or antifungal preservatives. Oil-soluble nutrients,
such as the naturally-occurring amino acids, vitamins
and their analogs may also be included in the emulsions,
as well as minor amounts of coloring and flavoring.
Buffers may also be included when necessary.
According to Bilton (Spec., p. 5, 2nd full para.):
The vegetable or animal oil or mixture of oils will make
up the major proportion of the oil phase of the present
emulsions, and preferably will comprise 5-45% by weight
of the entire emulsion, most preferably about 10-30%.
Most pertinent to the invention appellant describes is Bilton’s
description of the animal or vegetable oils useful in his
emulsions. Bilton employs those oils (Spec., p. 5, 1st full
para.; emphasis added):
. . . which contain a high proportion of unsaturated
C -C fatty acids to C -C saturated fatty acids,12 18 14 18
since it is the polyunsaturated fatty acids which
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