Appeal No. 2005-1150
Application No. 09/953,450
enzymes involved in digestion. These enzymes include the proteases trypsin and
chymotrypsin, amylase and lipase. See, e.g., the Reply Brief, p. 4.
The specification discloses that “[p]ancreatin is a known enzyme mixture with
lipolytic, proteolytic and amylolytic activity which is available for example, under the
trade name CreonŽ.” Specification, p. 4.
Discussion
The examiner relies primarily on the teachings of Fallis and the disclosure therein
of the use of pancreatin to treat patients who have diabetes as a result of having a total
pancreatoduodenectomy. Answer, p. 4. The examiner contends that “[b]ecause the
pancreas has been [surgically] removed ... [ in these patients], the diabetes being
treated is analogous to Type I diabetes.” Id. The examiner acknowledges that “Fallis
does not teach that another lipase, amylase or protease is additionally administered
with the pancreatin to the patient having diabetes . . . [or] that the additional enzyme
comes from a microbial source.” Id., p. 5. The examiner relies on Delhaye to make up
for these shortcomings. To that end, the examiner argues that “Delhaye teaches that
lipase is administered to a patient having diabetes assoiciated [sic, associated] with
chronic pancreatitis . . . [and] that a bacterial lipase could be used in their treatments.”
Id. The examiner concludes that “[i]t would have been obvious to one of ordinary skill in
the art to administer not only pancreatin but also an enzyme such as lipase with the
pancreatin to a patient with diabetes since Fallis teaches administering pancreatin to a
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