Ex Parte Ndife et al - Page 2




             Appeal No. 2005-1290                                                               2              
             Application No. 10/603,464                                                                        


             is due to “the force used to compress the tablet”.  The tablet is formed under a particular       
             pressure to prevent a film of fat from forming on the exterior tablet surface.  Details of the    
             appealed subject matter are recited in representative claims 1 and 14 which are                   
             reproduced below:                                                                                 
             1.  An infant formula in tablet form comprising:                                                  
                   a)     a source of protein, present in the amount of 10 to 20 w/w%;                         
                   b)     a source of carbohydrate, present in the amount of 40 to 70 w/w%; and                
                   c)     a source of fat present in the amount of at least 20 w/w%;                           
                          wherein the infant formula is a tablet formed under a pressure selected from         
             within a range of from about 400 psi to about 1500 psi, and wherein the pressure is               
             selected so that a film of fat does not form on the exterior tablet surface, and wherein the      
             resulting infant formula tablet dissolves within 60 seconds in accordance with a manual           
             dissolution test.                                                                                 
             14.   An infant formula in tablet form comprising, based on a 100 kcal basis:                     
                   a)     about 8 to about 16 grams of a source of carbohydrate,                               
                   b)     about 3 to about 6 grams of a source of fat, and                                     
                   c)     about 1.8 to about 3.3 grams of a source of protein,                                 
                          wherein the infant formula is a tablet formed under a pressure selected from         
             within a range of from about 400 psi to about 1500 psi, and wherein the pressure is               
             selected so that a film of fat does not form on the exterior tablet surface, and wherein the      
             resulting infant formula tablet dissolves within 60 seconds in accordance with a mechanical       
             dissolution test.                                                                                 
                   The claimed terminologies “infant”, “manual dissolution test” and “mechanical               
             dissolution test” are defined at pages 3 and 4 of the specification.                              








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