Ex Parte McAnalley - 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                              for publication and is not binding precedent of the Board.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  BILL H. McANALLEY                                                    
                                                      __________                                                           
                                                 Appeal No. 2006-1742                                                      
                                               Application No. 10/001,439                                                  
                                                      __________                                                           
                                                HEARD:  August 8, 2006                                                     
                                                      __________                                                           

              Before  ADAMS, MILLS, and GREEN, Administrative Patent Judges.                                               
              MILLS, Administrative Patent Judge.                                                                          

                                                DECISION ON APPEAL                                                         
                     This is a decision on appeal under 35 U.S.C. § 134 from the examiner's final                          
              rejection of claims 1, 8-17 and 19.                                                                          
                     Claims 1 reads as follows:                                                                            
                     1.    A dietary supplement composition for a mammal, comprising a nutritionally                       
              effective amount of β-glucan, colostrums, lactoferrin, citrus pectin and a complex of                        
              essential saccharides.                                                                                       
                     The prior art references cited by the examiner are:                                                   
              Donzis    5,576,015     Nov. 19, 1996                                                                        
              Paul     5,531,989    Jul. 2, 1996                                                                           
              Plaut     WO 97/05884   Feb. 20,1997                                                                         







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