Appeal 2007-0861
Application 09/381,484
interest in infant nutrition because they are found in high concentrations in
the brain . . . and the retina.” (Specification 1: 9-15.)
The Specification states that several
prior art studies have documented the value of administering
DHA to infants. However, when DHA, either as the primary
LC PUFA or combined with EPA, is administered to preterm
infants, said infants suffer from decreased growth. It has been
suggested that ARA may be beneficial to growth; however,
heretofore the growth effects of administering both DHA and
ARA to preterm infants have been unknown.
(Id. at 4: 8-13.)
The Specification discloses that “preterm infants receiving infant
formula supplemented with both DHA and ARA demonstrate enhanced
growth. The present invention is directed to enhancing the growth of
preterm infants comprising administering to said infants a growth enhancing
amount of DHA and ARA.” (Id. at 3: 27 to 4: 1.)
DISCUSSION
1. CLAIMS
Claims 1-5 and 21 are pending and on appeal. The claims have not
been argued separately and therefore stand or fall together. 37 C.F.R.
§ 41.37(c)(1)(vii). We will focus on claim 1, the broadest claim on appeal,
which reads as follows:
Claim 1. A method for enhancing the weight gain of preterm
infants comprising administering to said infants a weight gain enhancing
amount of DHA and ARA, wherein the weight gain enhancing amount
comprises DHA in an amount of at least about 10 mg/100 kcal and ARA in
an amount of at least about 30 mg/100 kcal, wherein the DHA and ARA are
added into nutritional products or nutritional supplements for preterm
infants.
2
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