Appeal No. 2006-1878 Page 2
Application No. 10/435,367
continuously produces gastric acid and bile secretions from the liver into the foregut.
Id., ¶ 7. Most domesticated horses are not kept in pastures where they can forage all
day, but instead are fed intermittently with concentrated low volume feed. Id., ¶ 15.
This type of diet can cause problems for horses, resulting in a high incidence of
digestive tract disorders. Id., ¶¶ 16-18. A recent study showed that approximately 55%
of randomly sampled horses had gastric ulcers, and 40% had colonic ulcers. Id., ¶ 3.
The instant application provides a dietary supplement that “efficaciously” treats digestive
tract ulcers in horses. Id., ¶ 23. This is accomplished using a dietary supplement which
strengthens the mucous stomach lining, slows the passage of food through the
stomach, and increases the integrity of the stomach’s mucous membrane wall. Id., ¶¶
27-32. Preferred ingredients which achieve these effects are polar lipids, soluble fiber,
and surfactant amino acids, respectively. These three components are stated to “yield
a synergistic result substantially more efficacious than a sum of the results which would
be produced if each ingredient by itself was used.” Id., ¶ 38.
Discussion
Claim construction
Claims 1-29, 31-33, and 35-61 are on appeal. These are the only pending claims
in this application. As summarized on page 4 of the Answer, there are four prior art
rejections.
For the first rejection, Appellants provided arguments for each of the independent
claims 1, 44, 57, 58, 60, and 61, and also for dependent claim 16. Brief, pages 14 and
28. Thus, these claims do not stand or fall together. For the second rejection,
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