Ex parte ASHMEAD - Page 2




                 Appeal No. 94-3206                                                                                                                     
                 Application 07/823,827                                                                                                                 



                 enzymatic activity in the mucosal cells of the small intestine which comprises the steps                                               
                 of:                                                                                                                                    
                          (1) determining the need for improvement in digestibility of carbohydrates in said                                            
                 animal as evidenced by the monitoring of the carbohydrate digestion coefficient of said                                                
                 animal;                                                                                                                                
                          (2) providing a composition containing an effective amount of iron and at least                                               
                 one other mineral selected from the group consisting of zinc, copper, manganese and                                                    
                 cobalt and mixtures thereof said iron and each of said other minerals being present in                                                 
                 the form of an amino acid chelate having a ligand to iron or other mineral mole ratio of                                               
                 at least 1:1, a molecular weight of no more than 1500 daltons and a stability constant of                                              
                                         6          16                                                                                                  
                 between about 10  and 10  as needed, based upon said carbohydrate digestion                                                            
                 coefficient determination, to maintain and enhance said enzymatic activity in said                                                     
                 animal, and                                                                                                                            
                          (3) orally administering an effective amount of said composition to said warm-                                                
                 blooded animal for a period of time sufficient to stimulate the production of natural                                                  
                 disaccharidase enzymes and enhance the enzymatic activity thereof in said animal.                                                      

                          The references relied upon by the examiner are:                                                                               
                 Ashmead et al. (Ashmead)                              4,863,898                  Sep. 5, 1989                                          
                 Buts et al. (Buts), “Alteration of intracellular synthesis of surface membrane                                                         
                 glycoproteins in small intestine of iron-deficient rats,” American Journal of Physiology,                                              
                 Vol. 251, pp. G736-43 (1986)                                                                                                           
                          Claims 1 through 4, 7 through 13, 15 through 18, and 20 stand rejected 35                                                     
                 U.S.C. § 103 as unpatentable over Ashmead in view of Buts.  We reverse.                                                                
                          The claims on appeal are directed to a method which includes administering a                                                  
                 composition which contains iron and at least one other specified mineral in the form of                                                
                 an amino acid chelate to an animal.  However, this composition is not administered to                                                  
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