Appeal No. 95-2441
Application 07/987,211
active agents to reduce the surface tension of water is well-
known, to apply surfactants to the particles described in
Sibbald and Iijima to improve their dispersion in the contents
of the rumen and passage through the rumen. Here also, the
examiner has rejected the claimed subject matter based on the
impermissible hindsight of appellant’s own disclosure.
On this record, the only teaching or reasonable
suggestion that encapsulated bioactive substance, which is
maintained at Sibbald’s instruction at a density of 0.8 to
2.0, still floats
on the surface of the contents in the rumen, is not adequately
dispersed in the contents of the rumen, and is not efficiently
transported through the rumen “substantially without
introducing said substance to the rumen portion of the
digestive system” (Claim 1), appears in appellant’s
specification. While we agree with the examiner that persons
having ordinary skill in the art, recognizing that Sibbald’s
controlled density capsules still float in the rumen,
reasonably would have been led to better disperse the capsules
in the contents of the rumen using art-recognized surface-
active agents, we find in this record no prior art recognition
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