Appeal No. 94-0591
Application 07/755,610
acid to saturated fatty acid ratio of from about 10:1 [to] about
5:1" (Bilton, p. 5, 1st full para.). On the other hand, while
the calorie-rich lipid compositions Babayan describes are
formulated with polyunsaturated vegetable or animal oils
comprising the long-chain triglyceride content found in corn oil,
peanut oil, safflower oil, soybean oil, sunflower seed oil, and
fish oils (Babayan, p. 3) and have a final long-chain fatty acid
triglyceride content 10 to 30% by weight of the total fatty acid
triglyceride content (Babayan, p. 4, 1st para.), Babayan’s
compositions require a high percentage of medium-chain fatty acid
triglycerides in the lipid phase, i.e., Babayan teaches away from
compositions comprising a lipid phase “consisting essentially
of a mixture of long-chain fatty acids” in accordance with
appellant’s claims. Moreover, we find no reasonable suggestion
in the combined prior art teachings of Bilton and Babayan either
to reduce the amount of essential fatty acids in Bilton’s
compositions or to increase the long-chain triglyceride content
in Babayan’s compositions. Accordingly, to sustain the
examiner’s rejection, the suggestion to reduce the amount of
essential fatty acids in the lipid phase of Bilton’s emulsions or
to increase the long-chain triglyceride content and decrease the
medium-chain triglyceride content in the lipid phase of Babayan’s
emulsions must come from the combined teachings of Bilton,
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