Appeal No. 94-0591
Application 07/755,610
We understand from the specification at p. 3, l. 17-22, and
p. 4, the Table, and dependent Claim 2 on appeal that the lipid
phase of the claimed lipid emulsion “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” (Claim 1) may be
prepared simply by mixing together a mixture of “oils selected
from apricot, almond, groundnut, avocado, wheat, safflower,
rapeseed, coconut, cottonseed, lupin, maize, hazelnut, walnut,
olive, oenothera, palm, palm-kernel, peach, grape, rice, rye,
sesame, soybean, sunflower, tomato, linseed and citrus oils”
(Spec., p. 3, l. 17-22; emphasis added). The lipid emulsion to
which Claim 2 is drawn appears to be a lipid emulsion wherein the
“lipid phase comprises a mixture of two or more oils selected
from the groups consisting of apricot, almond, groundnut,
avocado, wheat, safflower, rapeseed, coconut, cottonseed, lupin,
maize, hazelnut, walnut, olive, oenothera, palm, palm-kernel,
peach, grape, rice, rye, sesame, soybean, sunflower, tomato,
linseed and citrus oils” (Claim 2; emphasis added). Considered
in that light, we must remand the case to the examiner (1) to
determine the metes and bounds of the subject matter claimed,
and thereafter, (2) to evaluate the significance of Wruble’s
teaching under 35 U.S.C. § 102. Wruble teaches that the edible
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