Appeal No. 2006-0151 Page 5
Application No. 09/753,381
The specification also describes specific experiments in which two commercially
available lecithin/lysolecithin surfactants, Lysoprin and Bolec MT (each of which contains
approximately 33% lysophospholipids), were added to animal feed containing various
exogenous enzymes (id., page 4). Tables 1 and 2 of the specification show the results
obtained when “feed samples [were] treated with enzyme products and combinations of
enzyme products with lysophospholipid/phospholipid type (LPC/PC-type) [ ] surfactants”
(id., page 9). In certain cases, the “LPC/PC-type” surfactants contained 16% Lysoprin
(S2) or 16% Bolec MT (S3) (id., Table 1, note 3; Table 2, notes 1 and 3). Thus the S2
and S3 surfactants, as used in the experiments, contained approximately 5%
lysophospholipids. In addition, according to the specification, the data in Table 2 indicate
that “further improvements can be achieved by choosing the best LPC/LP-type of
surfactant, which in this case is the fully converted product, S4” (Specification, page 10).
S4 is yet another surfactant described in U.S. Patent No. 6,068,997 “containing approx.
16% lysolecithin . . . by weight” (Specification, Table 2, note 5).
Finally, as pointed out by appellants, Table 2 shows, among other things, that
“degradation of neutral detergent fiber [(NDF)] by the exogenous enzyme ENZ-Xylanase
at 250 Kg/T and the surfactant Tween (not a converted lecithin) resulted in an NDF
degradation of 2.89%, whereas the ENZ-Xylanase at 250 Kg/T combined with . . . the
surfactant S4 (a lysolecithin) resulted in an NDF degradation of 10.72%” (Reply Brief,
page 4). Table 2 also shows that “NDF degradation by . . . the exogenous enzyme ENZ-
Barley at a level of 500 Kg/T was 5.10% and [ ] NDF degradation by . . . ENZ-Barley at a
level of 250 Kg/T with the addition of surfactant S2 (a lysolecithin) resulted in the same
5.10%” (id.).
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