Appeal No. 2005-1949
Application No. 09/829,168
Accordingly, we affirm this rejection as it relates to claim 4.
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.
Claim 5 recites “about 19%” carbohydrates. Again, the appellant
has not demonstrated why this limitation is critical or why the
examiner is incorrect that this limitation reflects optimization
by routine experimentation. Accordingly, we affirm this
rejection as it relates to claim 5.
Meyer describes the raw fat content of synthetic milk is
preferably higher than 25%, and the preferred use of fatty acids,
both short chain and long chain (page 4, lines 19-22). Claim 11
recites “about 27 to 37%” by weight fatty acids. Again, the
appellant has not demonstrated why this limitation is critical or
why the examiner is incorrect that this limitation reflects
optimization of the amount or type of fat by routine
experimentation. Accordingly, we affirm this rejection as it
relates to claim 11.
Meyer describes that, to compensate for the potential
natural variation in the raw protein component, it is useful to
add pure amino acids including methionine, lysine, and cystine.
(page 4, lines 15-16). The target protein concentration is more
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