Appeal No. 2006-2575
Application No. 10/025,567
immunoglobulin isotype from the egg yolk[,] while IgM and IgA are mainly
found in the albumin.” (Id. at 10.)
The Examiner cites Pimentel as teaching that “whole egg (white and
yolk) antibody can be dried and mixed with feed without first isolating the
antibodies from the yolk,” and that “antibodies have been reported to be
more resistant to degradation by gastric acidity when [] contained in the
spray-dried whole egg as compared to purified spray[]-dried antibodies.”
(Id. at 10-11.)
The Examiner cites Krause as disclosing that P. anaerobius,
C. aminophilum, and C. sticklandii cause nutrition depletion in livestock,
thereby decreasing growth. (Id. at 11.)
The Examiner concludes that it would have been obvious to substitute
P. anaerobius, C. aminophilum, and C. sticklandii for the E. coli strains of
Tokoro to produce eggs containing antibodies to the protein wasting
organisms. (Id.) As motivation for the substitution, the Examiner cites
Tokoro’s disclosure of the simplicity, efficiency and low cost of making egg
antibody, Pimentel’s disclosure that whole egg preparations of antibodies
resist gastric degradation, and Krause’s disclosure that P. anaerobius,
C. aminophilum, and C. sticklandii cause growth-inhibiting nutrition
depletion in livestock. (Id.)
We agree with the Examiner that these teachings would have made
claims 1, 3, and 5 obvious to one of ordinary skill.
Claim 5 is representative of claims 1, 3 and 5. As discussed supra, we
interpret claim 5 to encompass a composition comprising the dried non-shell
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