Ex Parte Beek et al - Page 1




                           The opinion in support of the decision being entered today was not written                
                                   for publication and is not binding precedent of the Board.                        
                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                   
                                                    __________                                                       
                              BEFORE THE BOARD OF PATENT APPEALS                                                     
                                            AND INTERFERENCES                                                        
                                                    __________                                                       
                                   Ex parte EDDY VAN BEEK, INGRID SOMERS                                             
                                         ERIC PEYS and BENEDIKT SAS                                                  
                                                    __________                                                       
                                               Appeal No. 2006-0151                                                  
                                             Application No. 09/753,381                                              
                                                    __________                                                       
                                                     ON BRIEF                                                        
                                                    __________                                                       
             Before SCHEINER, MILLS and GREEN, Administrative Patent Judges.                                         
             SCHEINER, Administrative Patent Judge.                                                                  
                                              DECISION ON APPEAL                                                     
                    This appeal involves claims to a method for improving the effectiveness of                       
             exogenous enzymes in animal feed by adding particular surfactants to the animal feed.                   
             The examiner rejected claims 1-7 and 10-13 under 35 U.S.C. § 112, first paragraph as                    
             lacking adequate written descriptive support in the specification as originally filed.  Claims          
             8 and 9 are also pending in the application, but have been withdrawn from consideration.                
             We have jurisdiction under 35 U.S.C. § 134.                                                             
                                                    Background                                                       
                    “The use of [exogenous α-amylase, α-galactosidase, β-glucanase, cellulose,                       
             lipase, and/or xylanase] in feed formulations for animals, particularly poultry, is a well-             
             accepted practice in today’s highly specialized animal production industry . . . to improve             






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