Appeal No. 95-1110
Application 07/983,173
The examiner argues that it would have been obvious to one
of ordinary skill in the art, in view of the teachings of
JP ‘752, Evans and Chandler, to coat the forage products of
Wolrab and Fassauer with tallow to improve their appearance and
palatability (answer, pages 3-4). We are not persuaded by this
argument because the examiner has provided no evidence that such
a person would have considered improved appearance and increased
palatability to be desirable properties of the surface of a mass
of forage.
The examiner argues that any coating would inherently act as
a barrier to climatic conditions for some time (answer, pages 7-
8). We do not find this argument to be convincing because, as
discussed above, the examiner has provided no evidence which
indicates that one of ordinary skill in the art would have been
motivated to coat a mass of forage with tallow.
For the above reasons, we conclude that the examiner has not
carried his burden of establishing a prima facie case of
obviousness of appellants’ claimed invention.
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