Appeal 2007-0861
Application 09/381,484
2. PRIOR ART
The Examiner relies on the following references:
Kyle US 5,374,657 Dec. 20, 1994
Schweikhardt EP 0,231,904 Aug 12, 1987
Crozier, “Metabolism of long chain polyunsaturated fatty acids and
infant nutrition,” Monatsschrift Fur Kinderheilkunde, Vol. 143, No. 7 (suppl.
2), pp. S95-S98 (1995)
3. OBVIOUSNESS
Claims 1-5 and 21 stand rejected under 35 U.S.C. § 103 as obvious in
view of Kyle, Crozier, and Schweikhardt. The Examiner finds that Kyle
teaches infant formula containing DHA and ARA in amounts comparable to
those in human breast milk, which the Examiner has calculated to be 26
mg/100 kcal of ARA and 8 mg/100 kcal of DHA (Answer 31). The
Examiner notes that Kyle does not teach feeding the supplemented formula
to preterm infants but cites Crozier and Schweikhardt as suggesting this
aspect of claim 1.
The Examiner cites Crozier’s disclosure that ARA and DHA are
important for proper growth and development of preterm infants (Answer 4)
and Schweikhardt’s disclosure of infant formula, for feeding to preterm
infants, that contains ARA and DHA in amounts the Examiner calculates to
1 In the Answer, the Examiner actually states the units as “mg/kcal” rather
than mg/100 kcal. However, the Examiner cites the amendment filed by
Appellants on Nov. 17, 2003 to support his calculations; that paper states the
same numbers with units of “mg/100 kcal.”
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