Appeal No. 2005-1949
Application No. 09/829,168
Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985).
One of ordinary skill in the art readily understands Gil to
suggest substitution of fat sources.
We therefore affirm this rejection.
H) The Rejection of Claim 10 Under 35 U.S.C. §103(a)
Claim 10 stands rejected under 35 U.S.C. §103(a) as being
unpatentable over Meyer as applied in Rejection E, further in
view of Fujimoro.
Claim 10 of the present application reads as follows:
10. The method of claim 1 in which said composition
contains about 0.50% by weight fructooligosaccharide.
The examiner has found that Fujimori describes
fructooligosaccharides are known to be in pet foods to reduce
objectionable odors in pet wastes. Accordingly, the Examiner
concludes it would have been obvious to use
fructooligosaccharides in the canine milk replacer to obtain its
known benefits. (Office Action, October 31, 2003, page 5,
paragraph 6).
The appellant urges that the examiner has not provided any
rationale for the combination of Fujimori with Meyer, and has not
constructed an argument based on this combination (Appeal Brief,
page 10, lines 8-11).
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