Appeal No. 95-3337
Application No. 07/759,100
remaining in the application.
The subject matter on appeal relates to an artificial
human infant formula which includes recombinant human virus-
free human milk protein. Further details of this appealed
subject matter are set forth in representative independent
claim 40 which reads as follows:
40. In an artificial human infant formula based on
bovine or soy proteins, the improvements comprising a
recombinant human virus-free human milk protein having the
same function as human milk protein in approximately the
amount present in human milk wherein the recombinant human
milk protein is selected from the group consisting of
secretory immunoglobulin-A, lactoferrin, lactoperoxidase,
lysozyme, alpha-lactalbumin, alpha-casein, beta-casein, kappa-
casein, and combinations thereof.
The references relied upon by the examiner as evidence of
obviousness are:
Müeller et al. (Müeller) 4,216,236 Aug. 5, 1980
Friend et al. (Friend), "Newer Advances in Human Milk
Substitutes for Infant Feeding," 35 J. Applied Nutrition, no.
2, 88-115 (1983).
Lindblad et al. (Lindblad), "Lactoengineering: A Method for
the Estimation of the Human Milk Protein Requirements of Very-
Low-Birth-Weight Newborn Infants," in Williams et al.
(Editor), Human Milk Banking, 159-169 (New York, Nestlé
Nutrition, 1984).
Raiha, "Nutritional Proteins in Milk and the Protein
Requirement of Normal Infants," Pediatrics, 136-141 (1985).
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