Appeal 2006-2468
Application 10/149,875
Seiden discloses a reduced calorie fat composition having weight percent
ranges for the amount of PFAP (about 10 to about 95, preferably about 35 to
about 95, and most preferably about 65 to about 95) and the amount of RCT
(about 5 to about 90, preferably about 5 to about 65, and most preferably
about 5 to about 35). The most preferred ranges of these components
encompass and substantially overlap the range amounts for those
components as required by the respective representative claims without
significantly deviating therefrom. See, e.g., column 10, lines 50-56 and
column 12, lines 10-16 of Seiden. In this regard, representative claim 1
requires about 65 to about 80 weight percent PFAP and about 20 to about 35
weight percent RCT in the fat composition. Representative claim 3 requires
a fat composition with about 70 to about 80 weight percent PFAP and about
20 to about 30 weight percent RCT therein.
Thus, the description of the preferred ranges of amounts for PFAP and
RCT of about 65 to 95 weight percent and about 5 to about 35 weight
percent, respectively, in Seiden anticipate the ranges recited in the
representative claims because the prior art ranges entirely or substantially
encompass and do not significantly deviate from the Appellants’ claimed
ranges. Perricone v. Medicis Pharmaceutical Corp., 432 F.3d 1368,
1377 U.S.P.Q.2d 1321, 1327 (Fed. Cir. 2005).
Appellants discuss Perricone and Atofina v. Great Lakes Chem.
Corp., 441 F.3d 991, 78 U.S.P.Q.2d 1417, (Fed. Cir. 2006) in a
Supplemental Appeal Brief filed May 05, 2006 in response to a March 31,
16
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007