Ex parte PABST - Page 17




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


               Claims 24 and 25 are rejected under 35 U.S.C. § 102 as                 
          anticipated by Roy.                                                         
               Roy teaches a composition which contains lipase, amylase               
          and protease enzymes.  See column 1, lines 29-34 of Roy.  Roy               
          teaches that the enzyme compositions are intended to aid in                 
          the digestibility of food.  See column 1, lines 25-29.  In any              
          case, the use of the composition to increase digestibility of               
          a specific food, i.e. non-human milk baby formula, is not                   
          presented as a claim limitation in claims 24 and 25.                        
                                     CONCLUSION                                       
               The decision of the examiner refusing to allow claims 1-               
          26 under 35 U.S.C. § 103 is reversed.                                       
               Claims 24-26 are newly rejected by the authority of 37                 
          CFR                                                                         
          § 1.196(b) and under 35 U.S.C. § 102 as anticipated by either               
          Mochizuki or Sipos.                                                         









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