Ex Parte Beaudoin et al - Page 2



          Appeal No. 2006-2333                                                        
          Application No. 10/280,849                                                  

          Voelter et al. (Voelter)      4,624,804      Nov. 25, 1986                  
          Daniel M. Mulvihill (Mulvihill), “Functional Milk Protein                   
          Products,” Biochemistry of Milk Products, pp. 94-113 (1994).                
               Appellants’ claimed invention is directed to a method for              
          recovering substantially all of the proteins and enzymes from a             
          raw liquid milk product.  The method entails mixing a liquid                
          milk product with a precipitating agent, such as ethanol or                 
          acetone, and agitating the mixture for a sufficient period of               
          time to form a precipitate.  The liquid milk product may be                 
          whole milk, skim milk, whey or a fraction of milk obtained by               
          acid precipitation, alkaline precipitation or by ultra-                     
          filtration.                                                                 
               Appealed claims 1-4, 7-11, 13 and 14 stand rejected under              
          35 U.S.C. § 103(a) as being unpatentable over Mulvihill in view             
          of Voelter.                                                                 
               Appellants do not present separate arguments for any                   
          particular claim on appeal.  Accordingly, all the appealed                  
          claims stand or fall together with claim 1.                                 
               We have thoroughly reviewed each of appellants’ arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
          obvious to one of ordinary skill in the art within the meaning              

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