Appeal No. 94-0591
Application 07/755,610
of essential fatty acids in the lipid phase of Bilton’s emulsions
or to increase the long-chain triglyceride content and decrease
the medium-chain triglyceride content in the lipid phase of
Babayan’s emulsions.
We are at a loss to understand why the combined prior art
teachings reasonably would have led persons having ordinary skill
in the art to use a lipid emulsion as a parenteral or enteral
foodstuff which comprises a lipid phase consisting essentially of
long-chain fatty acids in which 15 to 45% by weight of the total
fatty acids are essential fatty acids. It would appear that
absent some reason, incentive, or motivation to reduce the
quantity of high-calorie, essential fatty acids in an enterally
or parenterally deliverable foodstuff composition, persons having
ordinary skill in the art would have been led by the combined
prior art teachings to make and use oil-in-water emulsions
decidedly “rich in” essential fatty acids (Bilton, p. 4, final
para.), i.e., oil-in-water emulsions including “substantial
percentages of” essential fatty acids (Wruble, col. 2, l. 17).
Thus, we reverse the examiner’s rejection of Claims 1-9, 11, 12
and 16-20 under 35 U.S.C. § 103 in view of the combined teachings
of Bilton, Wruble and Babayan.
5. Other issues
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