Appeal No. 1997-0221
Application 08/248,496
claim” are not within the prior art (see the Answer, page 6,
citing Aller, supra). The examiner has not shown any teaching
or suggestion in Hogan to use more than 1.5% of the sodium
bicarbonate or sesquicarbonate and also has not established
why one of ordinary skill in the art would have been led to
amounts more than necessary to achieve the desired rumen pH
taught by Hogan. Vit-A-Way is silent as to the amount of
sodium bicarbonate and thus does not add anything to the
teachings of Hogan.
For the foregoing reasons, we determine that the examiner
has not established a prima facie case of obviousness in view
of the references of record. Accordingly, the rejection of
claims 1 through 7 under 35 U.S.C. § 103 is reversed.
C. Remand to the Examiner
Upon the return of this application to the jurisdiction
of the examiner, the form of the claims must be reviewed by
the examiner for compliance with 35 U.S.C. § 112, paragraphs 2
and 4. The term “further comprising,” as used in claim 4, is
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