Appeal No. 2005-1949
Application No. 09/829,168
than 30% and preferably 31 to 40% (page 3, lines 24-25).
Methionine, lysine, and cystine are known indispensable amino
acids. Claim 12 recites “about 15 to 25%” by weight essential
amino 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 amino
acid by routine experimentation guided by Meyer’s description.
We therefore affirm this rejection as it relates to claim 12.
G) The Rejection of Claim 6 Under 35 U.S.C. §103(a)
Claim 6 stands rejected under 35 U.S.C. §103(a) as being
unpatentable over Meyer as applied in Rejection E, further in
view of Gil.
Claim 6 of the present application reads as follows:
6. The method of claim 1 in which the source of fat is
selected from the group consisting of corn oil, canola oil,
butter oil, arachidonic acid, docosahexaenoic acid, and blends
thereof.
The examiner has found that Gil teaches a preferred source
of fat in human milk replacer is a corn oil (column 10, line 64)
and weanling rats may be fed arachidonic and docosahexaenoic acid
as fats. (Office Action, October 31, 2003, paragraph 5 spanning
pages 4-5).
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