Appeal No. 2006-0151 Page 6
Application No. 09/753,381
We find that the specification’s generic disclosure regarding the effect of
lysolecithins on the activity of exogenous enzymes in animal feed, coupled with the
specification’s specific examples using 16% of two different lysolecithin surfactants
containing about 33% lysophospholipids (i.e., a final concentration of 5%), and 16% of
another lysolecithin, described as “fully converted,” reasonably conveys to one of skill in
the art that appellants were in possession of an “open-ended” method using lysolecithin
surfactants containing “at least 5% lysophospholipids” to improve the activity of
exogenous enzymes in animal feed. We also find that the specification reasonably
conveys to one of skill in the art that surfactants containing at least 5% lysophospholipds
can be used to improve the effectiveness of exogenous enzymes in animal feed by at
least 50%, or can be used to reduce the amount of exogenous enzyme needed in animal
feed by up to 50%.
Accordingly, the rejection of claims 1-7 and 10-13 under 35 U.S.C. § 112, first
paragraph, is reversed.
REVERSED
Toni R. Scheiner )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
Demetra J. Mills )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
Lora M. Green )
Administrative Patent Judge )
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007