Ex parte KALMBACH - Page 2


          Appeal No. 95-0715                                                          
          Application 07/936,942                                                      

          1. A method of feeding nutrients to animals comprising:                     
               forming granules comprising 1 to 70% by weight of said                 
          nutrients;                                                                  
               establishing the size of said granules at from 1/64 inch               
          to 32/64 inch;                                                              
               combining and suspending said granules with a feed                     
          composition said feed composition having an average particle                
          size and wherein the size of said granules is approximately                 
          the same as the average particle size of said feed composition              
          whereby said granules remain suspended in said feed.                        
          17. A method of feeding nutrients to animals comprising:                    
               forming granules comprising 1 to 70% by weight nutrients,              
          1-30% crude protein, 1-15% by weight crude fat, 1-15% by                    
          weight crude fiber, and establishing the size of said granules              
          at from 1/64th inch to 32/64th inch;                                        
               combining and suspending from about .25 to about 7.5% of               
          said granules with a feed composition based on the total                    
          weight of said granules and said feed composition, said feed                
          composition having an average particle size and wherein the                 
          size of said granules is approximately the same as the average              
          particle size of said feed composition whereby said granules                
          remain suspended in said feed.                                              
               The appealed claims as represented by claims 1 and 17 are              
          drawn to methods of feeding nutrients to animals wherein a                  
          granule comprising the nutrient has an average particle size                
          that is approximately the same as the average particle size of              
          the feed composition with which it is mixed such that the                   
          granules remain suspended in said feed.  According to                       
          appellant, this similarity in average particle size between                 
          the nutrient granule and the feed composition causes the                    

                                                                                      
          brief (page 1) and acknowledged by the examiner in the answer               
          (page 1).                                                                   
          3  We observe that appealed claim 21, the other independent                 
          claim of record, is at least a substantial duplicate of                     
          appealed claim 3. In the event that these claims are held to                
          be allowable, see MPEP ' 706.03(K), Duplicate Claims (6th ed.,              
          Rev. 2, July 1996).                                                         

                                        - 2 -                                         



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007