Appeal No. 95-0124
Application 08/040,911
fatty acid salt of calcium or magnesium with a polymeric coating,
whereas the cited prior art references do not.
According to the examiner,
[i]t would have been obvious to combine the polymer
coating of Ardaillon with the tallow fatty acid calcium
salts of Palmquist since Palmquist recognizes that an
improved encapsulation technique for coating fatty
acids could be useful as a ruminant feed stuff (column
1, lines 52 through 62). [Emphasis added.]
See the Examiner’s Answer, page 4, lines 5 through 9. This
amounts to a non-sequitur, and constitutes reversible error.
The examiner’s decision is reversed.
REVERSED
RONALD H. SMITH )
Administrative Patent Judge )
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)
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SHERMAN D. WINTERS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
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TEDDY S. GRON )
Administrative Patent Judge )
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