Ex Parte VERHEUL-KOOT et al - Page 1



                           The opinion in support of the decision being entered today was not written                   
                                   for publication and is not binding precedent of the Board.                           

                                                                                           Paper No. 28                 

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                      
                                                    __________                                                          

                              BEFORE THE BOARD OF PATENT APPEALS                                                        
                                             AND INTERFERENCES                                                          
                                                     __________                                                         
                     Ex parte MARIA ANNA VERHEUL-KOOT, CHANTAL NELLEKE KLEIJER,                                         
                         ROBERT JOHAN JOSEPH HAGEMAN, ROELOF ANDRE BORK                                                 
                                               and MAUD GOETHALS                                                        
                                                    ___________                                                         
                                                Appeal No. 2004-0339                                                    
                                             Application No. 09/462,678                                                 
                                                     __________                                                         
                                                      ON BRIEF                                                          
                                                     __________                                                         
              Before WINTERS, SCHEINER and MILLS, Administrative Patent Judges.                                         
              SCHEINER, Administrative Patent Judge.                                                                    
                                               DECISION ON APPEAL                                                       
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s final                       
              rejection of claims 1, 2, 4-12 and 14-20, all of the claims remaining.                                    
                     Claims 1 and 9 are representative of the subject matter on appeal:                                 
                     1.  A nutritional booster composition suitable for the treatment of pressure ulcers,               
              comprising proteins, carbohydrates and fats and, in a daily unit dose: 3-15 g of arginine                 
              or equivalents thereof, 180-840 mg of ascorbic acid equivalents, 50-400 mg of "-                          
              tocopherol equivalents, and 8-40 mg of flavonoids.                                                        
                     9.  A composition according to claim 1, containing 50-100 g/l (or 22-38 energy %)                  
              of proteins, 60-180 g/l (or 36-60 energy %) of carbohydrates and 20-40 g/l (or 20-30                      
              energy %) of fats, the fats comprising 0.05-0.5 g/l of docosahexaenoic acid and having                    
              an T-6/T-3 ratio of between 2 and 5.                                                                      
                     The references relied on by the examiner are:                                                      




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