Appeal No. 2005-1738 Page 4
Application No. 10/046,897
Appellant argues that claim 1 requires washing or dipping the udders and
teats of cows, and that is not disclosed by Shibata. See Appeal Brief, page 3.
Appellant asserts that the examiner incorrectly relies on a single paragraph in the
reference, specifically, the recitation in the translation that the active ingredients
disclosed in the reference may be administered transdermally. See id. Appellant
cites a certified translation of that paragraph, wherein the translator certifies that
“transdermal[ ] is used interchangeably with transcutaneous. It means ‘through
the skin.’” Id. at 4. We agree, and the rejection is reversed.
The Shibata translation teaches that a gelenical, such as hops, may be
used “to prevent and treat bovine mastitis caused by staphylococci, wherein the
galenicals are mixed in feed.” Id. at paragraph 11;2 see also paragraph 14. The
reference teaches further that “[t]hese galenicals are used by administering them
in an original powder form, in an extract solution form, or as an effective galenical
constituent, or by adding these to animal feed, or by processing them into an
agent form such as a liquid agent form, a dispersed agent form, a semi-solid
agent form, a powder agent form, a solid form agent form, a leachate agent form,
an injection agent form and so forth.” Id. at paragraph 38. Moreover, the
examples are drawn to delivering the active agent in feed or drinking water.
Thus, the reference as read as a whole, does not teach or suggest directly
applying the galenical, such as hops, to the teat or udder of a cow.
2 Paragraph numbering was started a Section 3, “Detailed Explanation of the Invention,” with the
paragraph starting with “The present invention pertains to an agent . . .” being numbered as
paragraph 1.
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