Ex parte PABST - Page 9




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


          colon."  The examiner's statement of rejection does not                     
          mention these claim limitations.  The statement would lead one              
          to believe that "the enzymes as taught by Jost et al., Miles                
          (EP'986), Schweikhardt et al., Puski et al., and Tang et al."               
          are in a form and quantity such as is required by the claims.               
          With the exception of Tang this is simply not the case.                     
          Moreover, the enzyme taught by Tang is neither a protease nor               
          a polysaccharide-degrading enzyme, which all of the claims                  
          require, rather it is a lipase.                                             
               Appellant relies upon this aspect of the claims in                     
          arguing for the patentability of the claims at issue.  See,                 
          for example, page 13 of the Appeal Brief, the third complete                
          paragraph ("None of the prior art discloses addition of a                   
          protease or a carbohydrate degrading enzyme to baby formula                 
          which is not removed or inactivated prior to administration of              
          the formula to the baby.").  On page 14 of the Appeal Brief,                
          in the second paragraph appellant argues that "the prior art                
          teaches away from the need to add a protease or a carbohydrate              
          degrading enzyme to a formula where the enzyme is available                 
          following ingestion" due to the fact that the prior art                     
          approach has been to use the enzymes to digest these                        
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