Appeal No. 2005-1949
Application No. 09/829,168
We therefore shall sustain the anticipation portion of this
rejection.
Turning now to the alternative obviousness portion of the
rejection, the examiner has found that it was known to formulate
milk replacers to closely match the nutrient composition of
canine milk. As a consequence, the examiner concludes, it would
have been obvious to one of ordinary skill in the art to
formulate a milk replacer with the composition of claim 1 to
match the components of the natural beagle milk (Final Rejection,
page 4, first 4 lines).
The appellant, on the other hand, urges that the present
specification indicates that previous milk substitutes were
formulated with limited data. Appellant’s counsel states that it
was the appellant’s own work that led to the discovery of the
detailed contents of natural beagle milk. (Appeal Brief, page 5,
second and third paragraphs).
We observe that the appellant has substantially rewritten
the specification to delete the detailed discussion of the
components of natural beagle milk found in grandparent
application 09/163,778. This deletion does not affect the
inherent content of natural beagle milk for purposes of
anticipation.
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