Ex parte DUTOT - Page 7




          Appeal No. 94-0591                                                           
          Application 07/755,610                                                       
               have been implicated in the in vivo biosynthesis of                     
               biologically active prostaglandins.  The preferred oils                 
               possess an unsaturated fatty acid to saturated fatty                    
               acid ratio of from 10:1 [to] about 5:1.  Preferred                      
               vegetable oils include primrose oil, safflower oil,                     
               sunflower oil, sesame oil, cottonseed oil, etc.                         
               B.   Wruble                                                             
               Wruble describes stable oil-in-water emulsions for oral                 
          administration comprising an edible unsaturated oil and                      
          sitosterol (Wruble, col. 1, lines 11-20).  According to Wruble               
          (Wruble, col. 1, l. 56-61):                                                  
                    In contradistinction to other preparations containing              
               an edible unsaturated oil and sitosterol, it was found that             
               the present preparation possesses unexpected stability                  
               and palatability.  It was found that averting contact                   
               in the final product between the sitosterol and the oil                 
               provides a superior product.  Averting said contact is                  
               accomplished by preparing separately an emulsion of the                 
               oil and an aqueous dispersion of the sitosterol, preferably             
               utilizing protective colloidal materials and emulsifiers.               
               With respect to component proportions, Wruble teaches                   
          (Wruble, col. 2, l. 31-36):                                                  
               The amount of the [edible unsaturated] oil can vary                     
               from about 1 to about 35 percent by volume of the                       
               preparation, with from 22 to about 33 percent preferred.                
               The amount of sitosterol can vary from about 1 to about                 
               17 percent weight/volume, with from about 10 to about                   
               15 percent preferred.                                                   
          Wruble defines the term edible unsaturated oils as (Wruble,                  
          col. 2, l. 5-19; emphasis added):                                            
               . . . those edible oils containing unsaturated fatty acids.             
               The unsaturated fatty acids include, for example, oleic                 
               acid (1 double bond), linoleic acid (2 double bonds),                   
               linolenic acid (3 double bonds), moroctic acid (4 double                
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