Appeal No. 2005-1949
Application No. 09/829,168
This argument is without merit. The examiner has stated a
rationale for combining the references, and has constructed an
argument as noted above. We find no error in combining Fujimori
with Meyer as both are related to pet nutrition and Fujimori
discloses several advantages of oligofructosaccharides in pet
foods including keeping intestines in good order and deodorizing
unpleasant odors (column 1, lines 5-11).
The appellant argues that Meyer fails to disclose or even
suggest the use of artificially produced canine milk substitutes
comprising casein and whey at a weight ratio of 70:30. (Appeal
Brief, pages 10, 12-14). The argument is the same made by the
appellant for rejection E and has been addressed above. It
remains unpersuasive for the reasons noted above.
Finally, the appellant urges that Fujimoro fails to suggest
any modification to a casein and whey ratio in Meyer and fails to
suggest inclusion of a fructooligosaccharide in an artificially
produced canine milk substitute. (Appeal Brief, page 10, last
paragraph). This argument is without substantive merit. First,
Fujimoro is not relied upon for a teaching of a casein to whey
weight ratio. Second, Fujimoro need not specifically suggest use
of fructooligosaccharides in an artificially produced canine milk
substitute; rather, it is the combination of the prior art which
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