Euphausia superba, a zooplankton crustacean, is rich in phospholipids and triglycerides carrying long-chain omega-3 polyunsaturated fatty acids, mainly EPA and DHA, and in various potent antioxidants including vitamins A and E, astaxanthin, and a novel flavonoid.” Id. at 4.
Bottino II explains that the euphausiids were collected and, once on board the ship, the samples were rapidly sorted by hand and extracted with a “chloroform:[methanol] (2:1, v/v) mixture.” Id. Fatty acid compositions were determined by gas-liquid chromatography.
For these additional requirements, Petitioner relies on the teaching of Sampalis I and Randolph describing encapsulated krill oil compositions in a soft gel dosage form.
Upon review of Petitioner’s arguments and supporting evidence, we determine that, on this record, Petitioner sufficiently demonstrates that Sampalis I, Bottino II, and Randolph teach or suggest every limitation of claims 1 and 15 of the ’567 patent.
After considering Petitioner’s arguments and supporting evidence we determine that, on the current record, the information presented shows a reasonable likelihood that Petitioner would prevail in establishing that claims 1–20 of the ’567 patent are unpatentable on the grounds asserted in the Petition.