Appeal No. 94-0591
Application 07/755,610
Furthermore, in reversing the examiner’s rejection of all
claims under 35 U.S.C. § 103 in view of the combined teachings of
Bilton, Wruble, and Babayan, we indicated that the cited prior
art would not have provided persons having ordinary skill in the
art with reason, incentive, or motivation to reduce the amount of
essential fatty acids relative to the amount of total fatty acids
in the lipid phase of the prior art oil-in-water emulsions so to
make and use the lipid emulsions appellant claims. Put simply,
persons having ordinary skill in the art would not have been led
by Bilton, Wruble, and Babayan to solve unknown problems.
However, in a Supplemental Information Disclosure Statement filed
April 26, 1995 (Paper No. 39), appellant submitted of record a
copy of UK Patent Application GB 2067587, published July 30,
1981. The new reference teaches at p. 2, l. 10-17 (emphasis
added):
An additional consideration for a humanized fat
composition made of vegetable oils is to provide a
physiological level of linoleic acid. Inadequate
amounts of dietary essential fatty acids produce a
nutritional deficiency disease. Excessive levels
of linoleic acid can be harmful. The foregoing
literature survey has revealed that milk fat from
lactating mothers contains from about 6% to 16%
linoleic acid.
On consideration of this additional prior art teaching that
“[e]xcessive amounts of linoleic acid can be harmful” and that 6%
to 16% linoleic acid is optimum for simulated human mother’s milk
- 16 -
Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: November 3, 2007