Ex parte LAJOIE et al. - Page 4




          Appeal No. 95-0124                                                          
          Application 08/040,911                                                      


          hypothetical person having ordinary skill in the art would have             
          found it redundant to encapsulate Palmquist’s fatty acid calcium            
          salt granules with Ardaillon’s polymeric coating.  This follows             
          because fatty acid calcium salts bypass the rumen and,                      
          accordingly, do not require a polymeric coating for safe passage            
          therethrough.  See Palmquist, column 3, lines 28-41, and see                
          appellants’ main Brief, page 6, first and second paragraphs; page           
          11, third paragraph; and page 13, first paragraph.                          
               In their specification, appellants describe a disadvantage             
          associated with using fatty acid salt products such as those                
          disclosed by Palmquist.  According to appellants,                           
               [a] disadvantage associated with the use of fatty acid                 
               salt products as feed additives is a characteristic                    
               unpleasant odor, which derives from a content of one or                
               more volatile organic oxygenates in the feed additives.                
               [Specification, page 2, lines 22-26.]                                  
          The present invention provides a solution to the malodor problem            
          characteristic of Palmquist’s fatty acid calcium salts.                     
          According to the present invention, a fatty acid salt of calcium            
          or magnesium is encapsulated with a polymeric coating as set                
          forth in the claims.  The encapsulated fatty acid salt product              
          functions as an odor-free rumen bypass dietary supplement in                
          ruminant feed.  It can be seen that appellants provide a reason             
          for encapsulating a core matrix comprising at least one C -C                
                                                                   14  22             

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