Appeal No. 95-0715
Application 07/936,942
1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir. 1992); In re
Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968). And,
in doing so, we must presume skill on the part of those of
ordinary skill in this art. In re Sovich, 769 F.2d 738, 743,
226 USPQ 771, 774 (Fed. Cir. 1985).
Indeed, it has long been well known in the animal
husbandry arts that the feed for a ruminate or other livestock
conventionally comprises digestible meal which is derived
from, inter alia, corn, grains and soybeans, that have been
processed into said meal by milling, which process reduces the
kernel and the husk to small particles. It also has long been
well known in these arts to augment the meal with whole grains
as well as feed supplements for various purposes, such as
nutrients and therapeutics, which whole grains and feed
supplements are of relatively larger size than the small
particles of the meal. It is further well known that such
augmented meal will separate according to size in view of the
difference in particles sizes. While this separation based on
particle size difference may be of little consequence where
the meal and the whole grain or feed supplements are mixed
prior to distribution and rationed individually or in a
trough, it will not work satisfactorily as premix used in a
bulk feeder.
Indeed, Duchstein demonstrates that a feed mixture for
pigs, hogs and swine comprising digestible grains and/or soy
meal (col. 2, lines 12-15) which when mixed with feed
supplements of greater than 5 mm result in problems
associated with separation of the components of the feed
mixture [and] the problems of handling and manufacturing
the animal feed because of the increase in volume
resulting from the use of the additive.
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