Ex parte PABST - Page 4




                 Appeal No. 95-0523                                                                                                                     
                 Application No. 07/885,490                                                                                                             


                 Faigh et al.  (Faigh) 2                      EP-325-986-A      Aug. 02, 1989                                                           
                          Additional references discussed in this decision are:                                                                         
                 Mochizuki et al.                             3,615,687                                    October 26,                                  
                 1971 (Mochizuki)                                                                                                                       
                 Sipos                                        4,079,125                                    March 14, 1978                               
                 Roy                                          4,826,679                                    May 2, 1989                                  
                          Claims 1-26 stand rejected under 35 U.S.C. § 103 over                                                                         
                 Gaull in view of Jost, Faigh, Schweikhardt, Puski and Tang.                                                                            
                 We reverse this rejection.                                                                                                             
                          Claims 24-26 are newly rejected under 35 U.S.C. § 102                                                                         
                 infra.                                                                                                                                 
                                                                 BACKGROUND                                                                             
                          Claims 1-11 are directed to non-human milk compositions                                                                       
                 designed for feeding infants which in addition to unspecified                                                                          
                 protein, carbohydrate and lipid components contain an enzyme                                                                           
                 selected from proteases and polysaccharide-degrading enzymes.                                                                          
                 Composition claim 1 requires that the enzyme be in an active                                                                           
                 form in the digestive system of an infant and present in the                                                                           
                 formula in an amount effective to completely digest the enzyme                                                                         


                          2The prosecution history refers to this document as                                                                           
                 “Miles (EP’986)” or “Miles.”  We refer to the first-named                                                                              
                 inventor rather than the corporate applicant.                                                                                          
                                                                           4                                                                            





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