Appeal No. 2005-1949
Application No. 09/829,168
administering to said canine an amount of an artificially
produced canine milk substitute composition comprising, on a dry
matter basis, from about 35 to 45% protein, from about 25 to 35%
fat, and from about 10 to 25% carbohydrates; wherein said protein
comprises casein and whey in a weight ratio of about 70:30.
The References
In rejecting the claims under 35 U.S.C. §102(b) and §103(a),
the examiner relies upon the following references:
Fujimori 5,294,458 Mar. 15, 1994
Gil et al. (Gil) 5,709,888 Jan. 20, 1998
Meyer EP 0 259 713 B1 Mar. 18, 1992
(European Patent)
The examiner also relies upon the following “Admitted Prior
Art” from the Specification of grandparent application
09/163,778, pages 1 and 5:
Specification, page 1, lines 8-11, discussing naturally occurring
canine milk and the known formulation of replacement milk
Specification, page 5, lines 21-26, discussing the content of
naturally occurring canine milk.
The Invention
The invention relates to the provision of nutrition to a
critical care canine by administering to the canine an
artificially produced canine milk substitute which includes, by
weight of dry matter, from about 35 to 45% protein, from about 25
to 35% by weight fat, and from about 10 to 25% by weight
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