Appeal No. 94-4461
Application 07/996,797
under 35 U.S.C. § 102(b) since it issued more than one year prior to the filing date of this
application, December 24, 1992.
Upon return of the application, the examiner should determine the effective filing
date of each claim pending in this application. If any claim pending in the application is not
entitled to the benefit of the earlier filing date of parent application 07/771,402, the
examiner should determine whether that claim is patentable over the prior art, including the
`622 patent.
3. Proper search
As seen from the claims on appeal, the subject matter under review pertains to
solid foodstuffs. From the “SEARCHED” section of the administrative file, it does not
appear that the examiner has searched class 426 which is directed to foodstuffs. As set
forth above, one embodiment of the present invention would be to administer a solid
foodstuff which comprises only protein and carbohydrates in a specified ratio in
conjunction with a separate formulation containing the required fatty acids.
As a second matter, it does not appear from the “SEARCH NOTES” portion of the
administrative file jacket that the examiner has searched the available electronic data
bases. Given the technical subject matter under review in this application, the examiner
should consider whether a complete search should include accessing the electronic data
bases.
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