Appeal No. 2006-1226 Page 3
Application No. 10/272,382
separately. See 37 CFR § 41.37(c)(1)(vii). We will consider claims 1 and 6 to be
representative. Claims 1 and 6 read as follows:
1. A 1:1 neutral complex of an essential trace element and a dicarboxylic
alpha amino-acid.
6. A neutral complex of claim 1 combined with a suitable animal feed carrier
selected from the group consisting of calcium hydrogen phosphate,
calcium carbonate, silica, ground corn cobs, and powdered sugar or a
mixture of any of the above.
Thus, claim 1 is directed to a complex of an essential trace element (e.g., zinc or
copper) and a dicarboxylic alpha amino acid (glutamic acid or aspartic acid). The
claimed complex is a “1:1 neutral complex,” meaning that it contains one metal atom
and one amino acid molecule and is electrically uncharged overall.
Claim 6 is directed to a combination of the neutral complex of claim 1 with a
carrier such as calcium carbonate. While claim 6 states that the recited carriers are
“suitable animal feed carriers,” the claim is not limited to an animal feed composition.
2. Anticipation
The examiner rejected claims 1-5 and 7-9 under 35 U.S.C. § 102(b) as
anticipated by either Gramaccioli et al.1 or Gramaccioli.2 The examiner reasoned that
“the Gramaccioli references teach zinc glutamate d[i]hydrate (ZnC5H7NO4.2H2O) and
copper (II) glutamate d[i]hydrate (CuC5H7NO4.2H2O). These complexes anticipate the
rejected claims within the meaning of section 102.” Examiner’s Answer, page 3.
We agree with the examiner that each of the Gramaccioli references reasonably
appears to disclose a 1:1 neutral complex of a metal and glutamate. The abstract of
1 Gramaccioli et al., “The crystal structure of copper glutamate dihydrate,” Acta Cryst., Vol. 21, pp. 594-
600 (1966)
2 Gramaccioli, “The crystal structure of zinc glutamate dihydrate,” Acta Cryst., Vol. 21, pp. 600-605 (1966)
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