Appeal 2006-2115
Application 09/862,077
pre-mix and at least 0.3% by weight conjugated linoleic acid and a coating
of at least 2% by weight animal tallow.
The references relied on by the Examiner are:
Franzen US 4,282,254 Aug. 4, 1981
Wheeler US 5,662,953 Sep. 2, 1997
Lowe GB 2 355 382 A Apr. 25, 2001
(Published United Kingdom Patent Application)
The Examiner has rejected appealed claims 1 through 3, 5 through 9,
11 through 16, and 19 through 22 under 35 U.S.C. § 103(a) as being
unpatentable over Lowe in view of Franzen and Wheeler (Answer 3-5).
Appellants separately argue independent claims 1, 8, 14 and 19 as
representative of the appealed claims (Br. 9, 11, and 14). Thus, we decide
this appeal based on claims 1, 8, 14 and 19. 37 C.F.R. § 41.37(c)(1)(vii)
(2005).
We affirm.
We refer to the Answer and to the Brief and Reply Brief for a
complete exposition of the positions advanced by the Examiner and
Appellants.
OPINION
We have carefully reviewed the record on this appeal and based
thereon find ourselves in agreement with the supported position advanced by
the Examiner that prima facie the claimed methods and products
encompassed by claims 1, 8, 14 and 19 would have been obvious over the
combined teachings of Lowe, Franzen and Wheeler to one of ordinary skill
in this art at the time the claimed invention was made. Accordingly, we
again evaluate all of the evidence of obviousness and nonobviousness based
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