Ex Parte Callens et al - Page 5


                  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/jlb                                                                                                                                  





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