The opinion in support of the decision being entered today
is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ERIK MIDDELMAN and VAN ELEONOOR ANDEL
__________
Appeal 2007-0861
Application 09/381,484
Technology Center 1700
__________
Decided: September 25, 2007
__________
Before ERIC GRIMES, LORA M. GREEN, and RICHARD M.
LEBOVITZ, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to a method
of improving weight gain in preterm infants. The Examiner has rejected the
claims as obvious. We have jurisdiction under 35 U.S.C. § 6(b). We affirm.
BACKGROUND
“The long chain polyunsaturated fatty acids (LC PUFA) have been
shown to be important in infant development. Particularly, arachidonic acid
(ARA) and docosahexaenoic acid (DHA) are LC PUFA that are of special
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