Ex Parte Abdel-Monem et al - Page 1




                                 The opinion in support of the decision being entered today was not written                                   
                                          for publication and is not binding precedent of the Board.                                          

                             UNITED STATES PATENT AND TRADEMARK OFFICE                                                                        
                                                               __________                                                                     
                                    BEFORE THE BOARD OF PATENT APPEALS                                                                        
                                                     AND INTERFERENCES                                                                        
                                                               __________                                                                     
                                          Ex parte MAHMOUD M. ABDEL-MONEM, and                                                                
                                                      MICHAEL D. ANDERSON                                                                     
                                                               __________                                                                     
                                                         Appeal No. 2006-1226                                                                 
                                                      Application No. 10/272,382                                                              
                                                               __________                                                                     
                                                         HEARD July 11, 2006                                                                  
                                                               __________                                                                     
                Before ADAMS, GRIMES, and GREEN, Administrative Patent Judges.                                                                
                GRIMES, Administrative Patent Judge.                                                                                          

                                                       DECISION ON APPEAL                                                                     
                         This appeal involves claims to a 1:1 complex of an essential trace element, such                                     
                as zinc or copper, and aspartic acid or glutamic acid.  The examiner has rejected the                                         
                claims as anticipated by or obvious in view of the prior art.  We have jurisdiction under                                     
                35 U.S.C. § 134.  We agree with the examiner that the claimed complex reasonably                                              
                appears to have been known in the art, but we disagree that the cited references would                                        
                have suggested combining it with calcium carbonate.  We therefore affirm the rejection                                        
                for anticipation but reverse the rejection for obviousness.                                                                   









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