Appeal No. 1998-2536 Page 3
Application No. 08/710,690
least 10% by weight of highly unsaturated fatty acids which is
dispersed in a matrix material comprising caseinate, and a
pharmaceutically acceptable carrier.
CITED PRIOR ART
As evidence of unpatentability, the Examiner relies on the following
reference:
Janda et al. (Janda) WO92/05708 Apr. 16, 1992
(Published PCT application)
The Examiner rejected claims 1 to 6, 16 to 18, 25 and 26 under 35 U.S.C. §
2
103(a) as obvious over Janda. (Answer, p. 3.)
We reverse the aforementioned rejection. We need to address only the
independent claims, i.e., claims 1, 16 and 17.
The Appellants’ claims 1, 16 and 17 all require the oil or fat, that is dispersed
in the matrix material, to contain at least 10% by weight of highly unsaturated fatty
2The Appellants, in the Brief, have inadvertently referred to the Janda reference as US
5,013,569. (Brief, p. 2.) The Examiner in both the Final Rejection and the Answer has rejected the
claims over the WO92/05708 Janda document. The Appellants have not indicated, by filing a Reply
Brief, the Examiner was in error. Therefore, we will address the rejection as presented by the
Examiner.
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