Appeal No. 2006-1742
Application No. 10/001,439
expectation of success to one reasonably skilled in the art. In re Vaeck, 947 F.2d 488,
493, 20 USPQ2d 1438, 1442 (Fed. Cir. 1991). With this as background, we analyze the
prior art applied by the examiner in the rejection of the claims on appeal.
Although we agree that the prior art cited by the examiner supports a prima facie
case of obviousness, our reasoning differs from that of the examiner and for this reason
we designate our decision a new ground of rejection to provide appellant a full and fair
opportunity to address any additional issues or concerns.
Paul describes an immunoglobulin and fiber-containing composition for
human gastrointestinal health. Paul describes that immunoglobulins from bovine
colostrum have been shown to be an effective treatment for diarrhea due to
pathogenic organisms. Column 2, lines 21-29. Paul also indicates that
immunoglobulin concentrates from milk contain active immunoglobulins that are
capable of binding pathogenic organisms. Column 8, lines 10-16. Paul
separates immunoglobulins from bovine milk and combines these purified
immunoglobulins with lactoferrin, and dietary fibers such as inulin, guar gum and
pectin[ ]1 . See e.g., column 3, line 58 – column 4, line 2 and formulation K,
column 15. Paul acknowledges that soluble dietary fibers are found in many
cereals. Column 6, lines 3-10. The composition of Paul may contain fructo-
oligosaccharides, found in oats.2 See, claim 1. The composition of Paul may be
manufactured in powder form. Column 13, line 38. Paul additionally
1 According to Paul (column 7, lines 13-15), “[r]ich sources of pectin include lemon and orange rinds. . .”
Accordingly, Paul teaches citrus pectin.
2 Beta glucan is a soluble fiber found in cereal grains such as oat, barley, and in yeast cell walls.
3
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