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 9Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 3, 2007