Appeal 2006-2115
Application 09/862,077
The plain language of claims 1 and 8 encompass methods of inhibiting
the growth of the mite Tyrophagus putrescentiae in any tallow coated pet
food product, and that of claim 14 encompasses methods of manufacturing
such a pet food product which has the property of inhibiting the growth of
said mite. The method of claim 14 comprises at least the four specified
process steps including the steps of adding CLA to any manner of a meal
pre-mix and extruding the pre-mix. The claimed method further includes the
step of coating the formed pet food with at least some amount of animal
tallow. The same initial four steps specified for the method of manufacture
of claim 14 can constitute the methods of claims 1 and 8 as evinced by
claims 3 and 9, respectively dependent thereon. Indeed, the methods of
claims 1 and 8 are directed to making tallow coated food products, and thus
would include the further step of coating the formed pet food with animal
tallow as in the method of claim 14.
The plain language of product-by-process claim 19 specifies any
extruded farinaceous pet food product which comprises at least 0.3% by
weight CLA and a coating containing at least 2% by weight animal tallow,
and exhibits the property of inhibiting the growth of Tyrophagus
putrescentiae. Thus, the claimed products include those prepared by the
methods encompassed by claims 1, 8 and 14.
We find that Lowe would have disclosed to one of ordinary skill in
this art a method of making a farinaceous dog food containing CLA, which
can be present in the range of 3.5 to 7.0g/kg, comprising the steps of adding
CLA to a meal pre-mix; extruding the pre-mix; cutting the extrudate to
539 F.2d 1300, 1302-04, 190 USPQ 425, 426-28 (CCPA 1976).
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