Ex parte SKELBAEK et al. - Page 4




               Appeal No. 1998-2536                                                                    Page 4                   
               Application No. 08/710,690                                                                                       


                  acid, and caseinate to be the matrix material.  According to the specification, page 8,                       
                  highly unsaturated fatty acids refers to “nutritionally valuable fatty acids having at                        
                  least 18 carbon atoms and having at least 3 double bonds.”  Claim 1 also requires the                         
                  oil or fat to have an average diameter of less than or equal to 2Fm and the level of                          
                  free fatty acids to be below 5.0% by weight.  Claim 17 requires the matrix material to                        
                  also contain a pharmaceutically acceptable carrier.                                                           
                          Janda describes a microencapsulation process wherein a liquid or solid                                
                  material is dispersed in a protein coating.  Janda discloses the microcapsules may                            
                  range in size from submicron in diameter to several millimeters.  (Page 1.)  Various                          
                  oils are disclosed to be suitable for use as the core material.  (Page 4.)  Caseinate is                      
                  disclosed to be suitable for use as the coating material.  (Page 7.)  Janda discloses                         
                  the microencapsulation product is suitable for use in the food industry and in                                
                  pharmaceuticals.  (Page 1.)   Janda does not disclose the core material contains at                           
                  least 10% by weight of highly unsaturated fatty acid as required by claims 1, 16                              
                  and 17.  Janda also does not disclose that the fat or oil core material has an average                        
                  diameter of less than or equal to 2Fm or that the level of free fatty acids is below                          
                  5.0% by weight as required by claim 1.                                                                        










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