Appeal No. 2005-1949
Application No. 09/829,168
must suggest the use of the fructooligosaccharide in the canine
milk substitute. The examiner has pointed to the benefits of
fructooligosaccharide in pet food, and concluded that it would
have been obvious to one of ordinary skill in the art at the time
the invention was made to transfer those benefits to the
artificially produced milk as recited in the claims. We find no
error in the examiner’s conclusion. Accordingly, we affirm this
rejection.
Summary of Decision
The rejection (A) of claims 1 and 3-5 and 9 under 35 U.S.C.
§102(b) as anticipated by the Admitted Prior Art from pages 1 and
5 of the grandparent application 09/163,778 is affirmed.
The rejection (A) of claims 1 and 3-5 and 9 under 35 U.S.C.
§103(a) as obvious over the Admitted Prior Art from pages 1 and 5
of the grandparent application 09/163,778 is reversed.
The rejection (B) of claims 7-9, 11 and 12 under 35 U.S.C.
§103(a) as obvious over the Admitted Prior Art from pages 1 and 5
of the grandparent application 09/163,778 is reversed.
The rejection (C) of claim 6 under 35 U.S.C. §103(a) as
being unpatentable as obvious over the Admitted Prior Art as
applied in Rejection A, further in view of Gil is reversed.
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