Appeal 2007-0861
Application 09/381,484
[t]here is increasing evidence that the premature infant may
require a dietary source of preformed 20 and 22 carbon long
chain polyunsaturated fatty acids (LCPUFA). These LCPUFA,
especially arachidonic acid (AA, 20 : 4 n-6) and
docosahexaenoic acid (DHA, 22:6 n-3), are necessary for
proper growth and development and are consistently found in
human milk.
(Crozier, p. S96: Summary.)
Schweikhardt teaches that the “newborn baby, particularly the
premature baby, is . . . dependent on the exogenous supply of highly
unsaturated polyethenoid fatty acids such as e.g. arachidonic and
docosahexaenoic acids” (Schweikhardt, p. 1, ¶ 3).4 Schweikhardt discloses
a “fat mixture for infant feeds” containing ARA and DHA “in a ratio of
docosahexaenoic to arachidonic acid of 1:2.0 to 1:3.0, wherein the content of
arachidonic acid in the fat mixture is 0.12 to 1.0 wt.% and that of
docosahexaenoic acid 0.05 to 0.5 wt %” (id. at p. 2, ¶ 4).
The Examiner has calculated that the wt.% ranges recited in
Schweikhardt correspond to 5-42 mg/100 kcal of ARA and 1.7-17 mg/100
kcal of DHA, while Appellants have calculated the ranges to correspond to
6.3-52.9 mg/100 kcal ARA and 2.6-26.5 mg/100 kcal DHA. The Examiner
and Appellants therefore agree that Schweikhardt discloses ranges of ARA
and DHA that overlap those recited in claim 1. Schweikhardt teaches that
the disclosed “fat mixture . . . is suitable for the preparation of infant and
premature baby feed” (id. at p. 5, ¶ 1).
We agree with the Examiner that those of ordinary skill in the art
would have considered it obvious, in view of the cited references, to
4 Our citations to Schweikhardt refer to the English-language translation.
5
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