Appeal No. 2005-1949
Application No. 09/829,168
In reviewing the Meyer reference, we find that it
substantially supports the examiner’s findings.
We make the following specific factual findings. Meyer
describes the preparation of a synthetic milk substitute for
dogs. (Meyer, page 1, translation, title; page 2, lines 24-25).
That synthetic dog milk substitute has more than 30% protein,
preferably between 31-40% (Meyer, translation, page 3, lines
24-25). Meyer’s described range substantially overlaps the
claimed about 35-45% protein range of claim 1.
Meyer also describes a synthetic dog milk substitute with a
fat content of more than 25% fat, preferably from 25.5 to 40%.
(Meyer, translation, page 4, lines 19-20). This range
substantially overlaps the range of about 25 to 35% claimed in
claim 1.
Meyer describes a synthetic dog milk substitute having less
than 30% lactose, preferably from 1 to 25% lactose (Meyer,
translation, page 3, lines 23-24). Lactose is a carbohydrate.
This range substantially overlaps the claimed range of about 10
to 25% carbohydrate of claim 1, and encompasses the claimed range
of about 4-8% lactose for dependent claim 9.
Additionally, Meyer describes the use of whey proteins, said
to include beta-lactoglobulin, alpha-lactalbumin, serum albumin,
9
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