Ex parte CATES - Page 2




          Appeal No. 1997-0221                                                        
          Application 08/248,496                                                      


          examiner as being directed to a nonelected invention (Brief,                
          page 1).                                                                    


               According to appellant, the invention is directed to a                 
          range fed mixed mineral supplement for range grass fed                      
          ruminants wherein the supplement contains about 20% to 30%                  
          sodium salts (e.g., sodium chloride), about 25% to 35%                      
          phosphorus compounds (e.g., monosodium phosphate), about 5% to              
          25% sodium bicarbonate and sodium sesquicarbonate, and sulfur,              
          potassium, magnesium, minerals in trace amounts, and vitamins               
          (Brief, page 2).  Illustrative claim 1 is reproduced below:                 
               1.  A range fed mixed mineral supplement for range grass               
          fed ruminants, comprising about 20% to 30% sodium salts,                    
          further comprising about 25% to 35% phosphorus compounds, and               
          additionally comprising about 5% to 25% sodium bicarbonate and              
          sodium sesquicarbonate, and sulfur, potassium and magnesium                 
          salts, minerals in trace amounts and vitamins.                              
               The examiner has relied upon the following references as               
          evidence of obviousness:                                                    
          Hogan                         1 248 404          Jan. 10, 1989              
          (Canadian Patent)                                                           
                                                                                     
          Hawley, The Condensed Chemical Dictionary, 10th ed., p. 1061,               
          Van Nostrand Reinhold Co., 1981;                                            
          ACCO Feeds, Inc. (ACCO), Mineral Range Advertisement, Oct.                  
          1990;                                                                       

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