Ex Parte McAnalley - Page 4




              Appeal No. 2006-1742                                                                                         
              Application No. 10/001,439                                                                                   
              acknowledges that infants develop gastroenteritis about the time they are                                    
              weaned from breast milk and placed on formula.  Column 1, lines 51-62.  Thus,                                
              Paul would reasonably appear to suggest a powdered composition comprising                                    
              lactoferrin, guar gum, citrus pectin and immunoglobulins derived from colostrum                              
              that is appropriate for use in infants to prevent gastroenteritis.                                           
                     Plaut similarly describes infant formulas comprising colostrum                                        
              (pasteurized milk) and lactoferrin.  Plaut, page 3.  Plaut indicates that antibodies                         
              from colostrum are known to protect children from infection by several                                       
              gastrointestinal pathogens.  Page 2.  Plaut suggests that colostrum may be used                              
              or antibodies can be purified from milk and combined with lactoferrin as used as                             
              a formula additive.  Page 6, lines 15-18.  In the regard, we note that Plaut                                 
              discloses that the formula preferably includes colostrum.  Plaut, page 5, lines 9-                           
              11.  Finally, Donzis describes that glucan extracted from yeast cell walls is a                              
              potent stimulator of the immune system (Column 1, lines 20-21) and                                           
              recommends that beta (1,3) glucans be incorporated as a nutritional supplement                               
              for a broad spectrum of animals and humans.  Column 1, lines 52-67.  Donzis                                  
              indicates that beta glucan strongly enhances resistance to diseases, both viral                              
              and bacterial, and enhances growth rate, survival rate and feed efficiency.                                  
              Column 3, lines 15-27.                                                                                       
                     It would have been obvious to one of ordinary skill in the art at the time of                         
              the invention to substitute the colostrum of the infant formulas of Plaut                                    
              comprising immunoglobulins, for the immunoglobulins derived from bovine                                      
                                                            4                                                              





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007