Ex parte REHBERGER et al. - Page 6




          Appeal No. 1996-2470                                                        
          Application 08/192,488                                                      


          denitrification is deemed to be obvious to the                              
          Propionibacterium” (answer, page 4).  The examiner, however,                
          provides no evidence that Ott’s feed composition prevents                   
          nitrate intoxication in a ruminant, and does not explain why                
          Ott would have fairly suggested, to one of ordinary skill in                
          the art, feeding the disclosed composition to a ruminant                    
          intoxicated by nitrates.  Moreover, Ayres ‘718 (col. 1, lines               
          43-46 and col. 2, lines 2-4) teaches that Propionibacterium                 
          acidipropionici produced 0.96% propionic acid and 0.20% acetic              
          acid, i.e., nearly five times as much propionic acid as acetic              
          acid.  The examiner has not explained why one of ordinary                   
          skill in the art would have been motivated to use this specie               
          in the Ott composition wherein more acetic acid than propionic              
          acid, i.e., an acetic acid to propionic acid ratio of 1.5-                  
          4.0:1, is desired.                                                          
               Ayres ‘718 discloses a method for preserving food and                  
          feed by use of a Propionibacteria antimicrobial additive (col.              
          5, lines 23-66), and Ayres ‘061 discloses a method for                      
          inhibiting yeast spoilage in food products by use of an                     
          antiyeast food additive obtained by growing Propionibacteria                


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