Ex parte KALMBACH - Page 7


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

          Col. 1, lines 13-31, particularly lines 25-31.  Thus,                       
          Duchstein teaches that in order to overcome these problems, an              
          indigestible, porous perlite particle or granule, charged with              
          physiologically or medicinally effective substances, which has              
          a particle size of up to 5 mm should be added to the meal at a              
          size that                                                                   
             corresponds to the particle size range of the meal of                    
             the usual finished swine fodder [i.e., especially grain                  
             and soy meal (including bran meal)]to which it is added                  
             so that the composition will contain 10 to 50 volume %                   
             of the blown perlite particles.                                          
          Col. 2, lines 10-41.  Duchstein further teaches that                        
               A surprising advantage of the use of perlite in                        
             accordance with the present invention, in the finished                   
             swine fodder, is that there is little influence of the                   
             additive, even when used in large volume proportions, on                 
             the bulk weight apparently because the fine-grained                      
             fraction of perlite fills the rough and broken surface                   
             of the digestible fodder components, especially grit and                 
             bran and/or soy meal while, conversely, the foamed meal                  
             components of the digestible portion fill the open pores                 
             of the perlite.                                                          
               In other words after intensively mixing and blending                   
             of the digestible and indigestible components of the                     
             fodder, the composition has a relatively low volume and                  
             hence the composition can be handled easily with                         
             conventional machinery and techniques. [Col. 2, lines                    
             42-56.]                                                                  
               We are of the view that Duchstein would have clearly                   
          suggested to one of ordinary skill in this art that using meal              
          and food supplement granules of similar particle size confers               
          a number of benefits without regard to the particular animal                
          for which the feed is prepared.  Indeed, grain and soy meal                 
          (including bran meal) constitute a basic feed for other                     
          livestock, including ruminants.  We note in this respect that               
          the feed supplement granules of Autant are disclosed to be in               



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