Appeal No. 95-0523
Application No. 07/885,490
of making the formula compositions of the above claims.
Claims 24-26 are directed to additive compositions containing
specified enzymes.
As discussed on pages 1 and 2 of the specification,
pediatricians recommend feeding infants with human breast
milk. The claimed compositions are designed to mimic breast
milk which contains proteases and polysaccharide-degrading
enzymes in an active form.
DISCUSSION
The appealed rejection under 35 U.S.C. § 103
Claims 1-26 stand rejected under 35 U.S.C. § 103 over
Gaull in view of Jost, Faigh, Schweikhardt, Puski and Tang.
We first note that the Examiner's Answer (Paper #16) provides
only a brief referral to the teachings of the references
relied upon in the obviousness rejection and in our opinion
mischaracterizes those teachings. The conclusion of
obviousness is set forth in the Examiner's Answer, from the
paragraph bridging pages 4 and 5 and the first full paragraph
on page 5 as:
In the absence of unexpected results, it
would have been obvious to a person of ordinary
skill in the art, at the time the invention was
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