Ex parte THYS-JACOBS - Page 6




          Appeal No. 95-2220                                                          
          Application No. 08/059,682                                                  


          calcium carbonate in tablet form.  One of ordinary skill in                 
          the art, however, would have been led to combine all the                    
          ingredients in the tablet form, in our view, motivated by the               
          goal of simplifying the procedure.                                          
               Barron’s teaching that the range of ingredients utilized               
          in his composition “will be apparent to one skilled in the                  
          art” (page 2, lines 37-39) raises a prima facie case of                     
          obviousness  for the subject matter of appealed claims 5                    
          through 8 and 12.  Moreover, Barron also teaches the                        
          administering of 5,000 I.U. of vitamin D which would                        
          necessarrily be an amount of vitamin D                                      


















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