Ex parte DALE G. WATSON et al. - Page 5




                Appeal No. 95-1110                                                                                                       
                Application 07/983,173                                                                                                   


                characteristics of the feed, does not inhibit the formation of                                                           
                the golden brown color (col. 1, lines 38-44; col. 2, lines 3-7).                                                         
                        Chandler discloses controlling dust from animal feed by                                                          
                applying to the feed “a mixture of one or more food grade                                                                
                straight chain aliphatic fatty acids or their salts, glyceryl                                                            
                lactopalmitate in a surface-active effective amount and an                                                               
                unctuous, safely ingestible liquid vehicle” (col. 1, lines                                                               
                66-70).  Chandler teaches that commercial fatty acids are used,                                                          
                which are “produced by the hydrolysis of such naturally occurring                                                        
                oils as tallow, soybean oil, coconut oil, and cottonseed oil”                                                            
                (col. 2, lines 37-39).  Thus, the material applied to the feed                                                           
                does not include tallow but, rather, includes a fatty acid                                                               
                derived from tallow.                                                                                                     
                        The examiner argues that the applied references indicate                                                         
                that it was well known in the art to use tallow in food coating                                                          
                materials to effect preservation (answer, page 3).  This argument                                                        
                is not well taken because none of the applied references which                                                           
                disclose tallow teach that the tallow is applied to the food for                                                         
                this purpose.                                                                                                            






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