Appeal No. 2006-1742
Application No. 10/001,439
colostrum of Paul into the composition of Paul, with the expectation that the
colostrum incorporating natural immunoglobulins (Plaut) would function in a
similar manner to the immunoglobulins derived from colostrum described in both
Paut and Paul. It would have been further obvious to incorporate the yeast cell
wall beta-glucan, an insoluble fiber, of the nutritional supplement of Donzis, into
the immunoglobulin and fiber nutritional supplement of Paul with the expected
benefit of stimulating the immune system, enhancement of resistance to
diseases, both viral and bacterial, and enhancement of growth rate, survival rate
and feed efficiency, and promotion of gastrointestinal health. Donzis specifically
states that yeast extract beta glucan can be combined with conventional
nutritional materials to create a more supportive environment within the body to
assist the primary killing action of conventional agents and thereby enhance
significantly growth and survival. Column 5, lines 50-60.
In view of the above, the references cited by the examiner support a prima
facie case of obviousness.
In reply, appellant argues that the cited art fails to teach or suggest all the claim
limitations and the cited references have been combined without proper motivation.
Brief, pages 6-7. In particular, appellant argues that the "Examiner has not presented
any evidence on the record to support that the skilled artisan, reading Donzis [ ], Paul [ ]
and Plaut [ ] would be motivated to combine the cited references" and that the
combination is based on "impermissible hindsight". Brief, page 10. We are not
persuaded by this argument. Each of the cited references describes components of
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