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for publication and is not binding precedent of the Board.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 PETER M.J. BEDDING and
FRANKLIN L. PELLEGRINI
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Appeal No. 2006-1878
Application No. 10/435,367
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HEARD: September 12, 2006
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Before GRIMES, GREEN, and LEBOVITZ, Administrative Patent Judges.
LEBOVITZ, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to a dietary supplement for treating and/or inhibiting
digestive tract ulcers. The examiner has rejected the claims as obvious. We have
jurisdiction under 35 U.S.C. § 134. We affirm.
Background
The application describes a dietary supplement which treats and prevents the
occurrence of digestive tract ulcers in horses and other animals. Horses are foragers.
Specification, ¶ 13. When allowed to graze, they typically begin feeding in early
morning and continue until well after dark. Id., ¶ 14. The meals are small, but relatively
continuous. To accommodate this feeding strategy, the horse digestive system
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