Ex Parte Nash et al - Page 2

                 Appeal No. 2006-2575                                                                                  
                 Application No. 10/025,567                                                                            

                 description, having new matter, and being obvious.  We have jurisdiction                              
                 under 35 U.S.C. § 134.  We affirm-in-pa rt.                                                           
                                                 BACKGROUND                                                            
                        The bacteria Peptostreptococcus anaerobius, Clostridium                                        
                 aminophilum, and Clostridium sticklandii, are among organisms                                         
                 “responsible for wasting up to 25 percent of the protein in cattle diets.  This                       
                 is a loss of as much as $25 billion annually to cattle producers . . . .”                             
                 (Specification 1.)                                                                                    
                        The Specification discloses that these organisms act by degrading                              
                 protein consumed by the host to ammonia.  (Id.)  The ammonia is then                                  
                 “converted to urea by the liver and kidneys and thus lost to the host when                            
                 excreted as urine.  These deleterious organisms also compete with beneficial                          
                 organisms which the host needs for the efficient utilization of ammonia.”                             
                 (Id. at 1-2.)                                                                                         
                        Antibodies to these bacteria can be produced by inoculating female                             
                 birds with a bacterial immunogen, and then harvesting the eggs from the                               
                 inoculated birds.  (Id. at 5-6.)  “The total antibody-containing contents of the                      
                 eggs are [then] separated from the shells and dried.”  (Id. at 6.)  The dried                         
                 antibody-containing egg material may be mixed with animal feed.  (Id.)                                
                        The Specification discloses that orally administering the dried                                
                 antibody-containing egg preparations will inhibit the “ability of colony-                             
                 forming protein-wasting organisms, such as P. anaerobius, C. sticklandii                              
                 and C. aminophilum, and colony forming disease-causing organisms, such as                             
                 E. coli 0157:H7, Listeria, Salmonella and Campylobacter, to adhere in the                             



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