Appeal No. 2006-2463
Application No. 10/065,326
Claims 1 reads as follows:
1. A method for influencing the behavior of an animal, the method comprising
systemically administering to the animal a composition comprising at least about 0.5%
by weight of an omega-3 fatty acid or mixture of omega-3 fatty acids as measured on a
dry matter basis.
The prior art references cited by the examiner are:
Davenport et al. (Davenport) WO 2004/006688A1 Jan. 2004
Grounds of Rejection
Claims 1, 2, 5, 6 and 9-11 stand rejected under 35 U.S.C. § 102(e) over
Davenport.
Claims 3, 4 and 7 stand rejected under 35 U.S.C. § 103(a) over Davenport
We vacate these rejections and remand the application to the examiner for
consideration of the matters discussed herein.
DISCUSSION
The application is remanded to the examiner for further consideration of the
following:
1. The examiner is reminded that the standard under ' 102 is one of strict
identity. AUnder 35 U.S.C. ' 102, every limitation of a claim must identically appear in a
single prior art reference for it to anticipate the claim.@ Gechter v. Davidson, 116 F.3d
1454, 1457, 43 USPQ2d 1030, 1032 (Fed. Cir. 1997). AEvery element of the claimed
2
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