Appeal 2006-1223
Application 10/214,009
DISCUSSION
“The present invention relates to compositions comprising short and
long chain fatty acids which are suitable for oral administration, wherein the
compositions are useful for the management of body weight . . . effected via
induction of satiety” (Specification 3-4).
Claims 1 and 17 are representative of the claimed subject matter:
1. A composition comprising:
(a) a short chain fatty acid component selected from the
group consisting of acetic acid, propionic acid, butyric
acid, esters thereof, salts thereof, and mixtures thereof;
and
(b) a long chain fatty acid component selected from the
group consisting of long chain fatty acids, non-glyceryl
esters of long chain fatty acids, and mixtures thereof;
wherein the compositions are suitable for oral
administration to a mammal; and wherein the ratio of long
chain fatty acid component to short chain fatty acid component
is about 10:1 or less, by weight of the long chain fatty acids to
the short chain fatty acid.
17. The composition according to Claim 1 further comprising fiber.
In response to the Examiner’s requirement for an election of species,
Appellants elected calcium propionate as the short chain fatty acid (SCFA)
component of the composition, and ethyl oleate as the long chain fatty acid
(LCFA) component (Appellants’ Response, submitted May 13, 2004). It
appears that the Examiner focused on this combination exclusively. We will
do likewise.
2
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