Appeal No. 95-2441
Application 07/987,211
in treating hyperlipoproteinemia in humans reasonably would
have suggested the use of the same type of delivery system for
treating or feeding ruminants gemfibrozil or bioactive
substances recognized in the art for use in treating or
feeding ruminants to persons having ordinary skill in the art.
We find that G-S encapsulates gemfibrozil with a hydrophobic
coating in order to avoid the particularly unpleasant after-
taste humans associate with gemfibrozil (G-S, col. 2, l. 17-
21). The examiner has not explained why persons having
ordinary skill in the art would have been led by G-S’s
teaching to employ the same or a similar means to deliver
bioactive feed supplements or any other treating agent to
ruminants. The examiner’s rejection appears to be based on
impermissible hindsight.
2. Rejection in view of Sibbald, Iijima, UK, and Hawley
We find, as did the examiner (Ans., p. 4, first full
para.), that Sibbald describes compositions comprising
bioactive material totally encapsulated with a hydrophobic
coating. The compositions are expressly designed to transport
the bioactive material through the rumen of a ruminant. The
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