Appeal No. 2006-2181
Application No. 10/878,586
level of moisture known by those of ordinary skill in the art to
be contained in soybean meal. Based on the totality of
evidence, the court in Ralston decided certain ranges had
descriptive support whereas other ranges did not. Manifestly,
the facts of the present record do not correspond to those
considered in Ralston.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a)(1)(iv) (effective Sep. 13, 2004; 69 Fed. Reg. 49960
(Aug. 12, 2004); 1286 Off. Gaz. Pat. Office 21 (Sep. 7, 2004)).
AFFIRMED
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
JEFFREY T. SMITH ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
LINDA M. GAUDETTE )
Administrative Patent Judge )
ECK:clm
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