Appeal No. 2005-1949
Application No. 09/829,168
carbohydrates. The protein source comprises casein and whey in a
weight ratio of about 70:30. (Claim 1)
II. The Rejections
The rejections at issue are as follows:
A) Claims 1 and 3-5 and 9 stand rejected under 35 U.S.C.
§102(b) as anticipated by, or alternatively, under 35 U.S.C.
§103(a) as obvious over the Admitted Prior Art from pages 1 and 5
of the grandparent application 09/163,778.
B) Claims 7-9, 11 and 12 stand rejected under 35 U.S.C.
§103(a) as obvious over the Admitted Prior Art from pages 1 and 5
of the grandparent application 09/163,778.
C) Claim 6 stands rejected under 35 U.S.C. §103(a) as being
unpatentable as obvious over the Admitted Prior Art as applied in
Rejection A, further in view of Gil.
D) Claim 10 stands rejected under 35 U.S.C. §103(a) as being
unpatentable as obvious over the Admitted Prior Art as applied in
Rejection A, further in view of Gil.
E) Claims 1 and 9 stand rejected under 35 U.S.C. §102(b) as
anticipated by, or alternatively under 35 U.S.C. §103(a) as
obvious over, Meyer.
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