Appeal No. 1997-3537
Application No. 08/395,867
The references relied on by the examiner are:
Thibault 4,981,704 Jan. 1, 1991
Martinez et al. (Martinez) 5,405,637 Apr. 11, 1995
(filed Jun. 30, 1993)
Karjalainen et al. (Karjalainen), "A Bovine Albumin Peptide as a Possible Trigger of
Insulin-Dependent Diabetes Mellitus," The New England Journal of Medicine, Vol. 327, No.
5, pp. 302-307 (July 30, 1992)
A reference relied on by the appellant (brief, p. 8) is:
J. Rennie, "Formula for Diabetes: Cow's milk for infants may contribute to the disease,"
Scientific American, Vol. 267, No. 4, pp. 24-25 (October 1992).3,4
ISSUE5
Claims 1-14 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Thibault
or Martinez either in view of Karjalainen. We REVERSE.
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims and to the respective positions articulated by the
appellant and the examiner. We make reference to the examiner's answer (Paper No. 9,
mailed March 6, 1997) for the examiner's reasoning in support of the rejections and to the
3Made of record by the examiner on the PTO-849 attached to the Office action mailed July 11,
1995 (Paper No. 2).
4Appellant has apparently inverted the journal title to "American Scientific" on p. 8 of the brief.
5The examiner has withdrawn the final rejection of claims 1-14 under 35 U.S.C. § 112, second
paragraph, regarding the term "partially" (answer, p. 3).
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