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for publication and is not binding precedent of the Board.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
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ON BRIEF
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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8 and 9 are also pending in the application, but have been withdrawn from consideration.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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