Ex Parte Nash et al - Page 3

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

                 rumen or intestinal tracts of food animals and thus reduce their ability to                           
                 multiply, grow and colonize.”  (Id. at 7 (underlining omitted).)                                      
                                                   DISCUSSION                                                          
                 1.  CLAIM CONSTRUCTION                                                                                
                        Claims 1, 3, 5-7, and 12-29 are pending and on appeal.  Appellants                             
                 separate the claims into two groups for argument.  (Br. 11.)  Group I consists                        
                 of claims 1, 3, 5, 13, 16, and 19, and Group II consists of claims 6, 7, 12, 14,                      
                 15, 17, 18, and 20-29.  (Id. at 11-12.)                                                               
                        Claims 1, 5, 6, and 13 are representative, and read as follows:                                
                        1. A microbial adherence inhibitor for administration to food                                  
                 animals to inhibit the adherence of a targeted colony-forming immunogen in                            
                 the rumen or intestinal tracts of said food animals produced by the method                            
                 of:                                                                                                   
                        A. Inoculating female chickens, in or about to reach their                                     
                 egg laying age, with a particular target colony-forming immunogen;                                    
                        B.  Allowing a period of time sufficient to permit the                                         
                 production in the chickens of antibody to the target colony-forming                                   
                 immunogen, said antibody in the eggs including IgY immunoglobulins in                                 
                 the yolks of the eggs and IgM and IgA immunoglobulins in the albumin of                               
                 the eggs;                                                                                             
                        C. Harvesting the eggs laid by the chickens;                                                   
                        D. Separating the entire contents of said harvested eggs                                       
                 from the shells; and                                                                                  
                               E. Drying said separated entire contents of said eggs, said                             
                 dried entire contents of said eggs when administered to food animals with                             
                 animal feed promoting the growth of the food animals by decreasing the                                
                 waste of dietary protein caused by the presence of a colony-forming                                   
                 immunogen in the rumen or intestinal tracts of the food animals by binding                            
                 the IgY immunoglobulins to the colony-forming immunogen, said binding                                 
                 of the IgY immunoglobulins to the colony-forming immunogen being                                      
                 assisted by the IgM and IgA immunoglobulins to inhibit the ability of the                             
                 protein-wasting immunogen to adhere to the rumen or intestinal tracts of the                          
                 animals.                                                                                              

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