Appeal No. 2005-2267 Page 2
Application No. 09/870,899
Fritsche et al. (Fritsche), “Enrichment of Omega-3 Fatty Acids in Suckling Pigs by
Maternal Dietary Fish Oil Supplementation,” J. Anim. Sci., Vol. 71, pp. 1841-1847
(1993)
Boudreaux et al. (Boudreaux), “The Effects of Varying Dietary n-6 to n-3 Fatty
Acid Ratios on Platelet Reactivity, Coagulation Screening Assays, and
Antithrombin III Activity in Dogs,” J. American Animal Hospital Assoc., Vol. 33,
pp. 235-243 (1997)
Abayasekara et al. (Abayasekara), “Effects of altering dietary fatty acid
composition on prostaglandin synthesis and fertility,” Prostaglandins,
Leukotrienes and Essential Fatty Acids, Vol. 61, No. 5, pp. 275-287 (1999)
GROUNDS OF REJECTION
Claims 1-6, 8, 9, 13-20, 23, 25, 41 and 71-102 stand rejected under 35
U.S.C. § 103 as being unpatentable over Fritsche in view of Boudreaus.
Claims 1-6, 8, 9, 13-20, 23, 25, 41 and 71-102 stand rejected under 35
U.S.C. § 103 as being unpatentable over Abayasekare.
We reverse.
DISCUSSION
Fritsche in view of Boudreaus:
According to the examiner (Answer, page 4), Fritsche “discloses that fish
oil compositions (menhaden fish oil) which is known to comprise C20 and C22
omega-3 fatty acids … are useful in dietary compositions to feed sows….” In this
regard, the examiner finds (id.), such compositions provide, inter alia, the
following benefits “pig survival, number of pigs born per sow, birth weight and
weaning weights….” The examiner recognizes, however, that Fritsche
does not expressly disclose the particular amounts (percentage) of
fish oil in the compositions, … the particular amounts [of] fish oil
such as salmon oil in the composition [,] … the ratio of omega-6 to
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