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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