Appeal No. 1999-1229
Application 08/543,975
The references relied upon by the examiner are:
Sipos 4,079,125 Mar. 14, 1978
Kan et al. (Kan) 4,895,801 Jan. 23, 1990
Rosado, J. L. et al. (Rosado), “Enzyme Replacement Therapy for Primary Adult Lactase
Deficiency”, Gastroenterology, Vol. 87, pp. 1072-1082 (1984).
Gekas, V. et al. (Gekas), “Hydrolysis of Lactose: A Literature Review”, Process Biochem.,
Vol. 20, No. 1, pp. 2-12 (Feb. 1985).
Barillas, C. et al. (Barillas), “Effective Reduction of Lactose Maldigestion in Preschool
Children by Direct Addition of $-Galactosidases to Milk at Mealtime”, Pediatrics, Vol. 79,
No. 5, pp. 766-772 (May 1987).
Medow, M. S. et al. (Medow), “$-Galactosidase Tablets in the Treatment of Lactose
Intolerance in Pediatrics, American Journal of Diseases of Children, Vol. 144,
pp. 1261-1264 (Nov. 1990).
Claims 1, 3-7, 16 and 18-30 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the teachings of Barillas, Rosado, Medow, Gekas, Kan and Sipos.
We reverse.
BACKGROUND
Lactose is the sugar found in milk and whey. Specification, p. 1. Lactose is
normally broken down (hydrolyzed) in the human digestive system by the enzyme lactase or
$-D-galactosidase into two monosaccharides, glucose and galactose. Id. However, many
individuals in the population lack the ability to hydrolyze lactose; these individuals are
commonly referred to as being lactose intolerant. Id. Prior to the appellants’ invention,
lactose-intolerant patients were treated with tablets containing lactase derived from A.
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