Appeal No. 2005-2381 Page 5 Application No. 09/944,209 in particular as a source of essential amino acids in parenteral human feeding or in animal feeding.” Those of skill in the art would have recognized that the only amino acids found in naturally occurring dipeptides and the only amino acids useful as a source of amino acids in human or animal feeding are α-amino acids. Therefore, the specification’s description of the claimed compounds as useful in place of dipeptides and as a source of essential amino acids in human or animal feeding, viewed in light of the knowledge of those skilled in the art that only α-amino acids would be so useful, supports Appellants’ position that the claims on appeal are adequately supported by the specification. The examiner has not adequately explained why the specification, although not identically reciting the claimed compounds, is adequate to show those skilled in the art that Appellants were in possession of them. We therefore reverse the rejection under 35 U.S.C. § 112, first paragraph. REVERSED Toni R. Scheiner ) Administrative Patent Judge ) ) ) )BOARD ) OF PATENT Eric Grimes ) Administrative Patent Judge ) APPEALS AND ) )INTERFERENCES ) ) Lora M. Green ) Administrative Patent Judge ) EG/jlbPage: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007