Appeal No. 2006-2575
Application No. 10/025,567
components of a bird egg which contains IgY, IgA, and IgM antibodies to
E. coli, Listeria, Salmonella or Campylobacter.
Tokoro describes (col. 4, line 67, through col. 5, line 6) the production
of antibodies in chickens to a number of pathogenic E. coli strains,
“includ[ing] those coliform bacteria or factors which cause colibacillosis,
particularly diarrhea such as ‘scour’ in young animals such as piglets or
calves. Specific examples of such bacteria or factors are porcine ETEC
(enterotoxigenic E. coli) . . . .”
Tokoro also discloses that “[i]n a preferred embodiment of the
production method of an antibody-containing substance, the yolk, albumen,
or overall ovum of an egg of an immunized hen is simply dried to form a
powder after homogenization to yield the desired product without
fractionation such as ultrafiltration.” (Col. 8, ll. 14-19 (emphasis added).)
Tokoro uses “overall ovum” to refer to the yolk and albumin separated from
the egg shells. (See col. 6, ll. 17-18 (“In some cases, both the yolk and
albumen (overall ovum) of each egg may be used.”).)
Tokoro therefore describes a composition containing antibodies to
E. coli, one of the organisms recited in claim 5. The composition is prepared
by inoculating a female bird, obtaining antibodies in the non-shell portion of
the birds’ eggs, and drying the resulting composition. (Tokoro, col. 5, line
29, through col. 6, line 27.) The composition is therefore prepared using the
exact steps recited in claim 5. Because Tokoro’s composition is obtained
exactly as claimed, Tokoro’s composition necessarily contains the IgY, IgM
and IgA recited in claim 5. By itself, Tokoro therefore describes all of the
limitations in claim 5.
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