Appeal No. 2006-2575
Application No. 10/025,567
animal, the antibody-containing egg composition having been coated on to a
dry feed carrier material.
Contrary to Appellants’ argument, claim 6 does not require the
claimed composition to be produced by a process in which the contents of
the harvested eggs are not dried before they are coated on to the feed carrier.
Claim 6 recites the steps of separating the contents of the harvested eggs,
providing a dry feed carrier material, and then coating the feed carrier
material with the contents of the eggs. Claim 6 does not contain any
language limiting the claim to the positively recited steps.
Adalsteinsson describes a composition comprising an orally
administered chicken egg-derived antibody that binds a gastrointestinal
neuro-modulator, such as cholecystokinin. (Col. 4, line 58, through col. 5,
line 10.) Adalsteinsson teaches that the composition can be made by “drying
the egg into an egg powder . . . [which] can be mixed with food animal feed
rations or sprayed directly onto food pellets preferably in oil and thus fed
directly to food animals in a simple fashion.” (Col. 9, ll. 29-38.)
Thus, one of ordinary skill, applying Tokoro’s teachings to make
orally administered dried whole egg compositions comprising antibodies to
microorganisms harmful to food animals, would have recognized from
Adalsteinsson the desirability of coating antibody-containing dried egg
powder intended for oral administration onto feed pellets. We therefore
agree with the Examiner that one of ordinary skill would have been
motivated by Adalsteinsson to coat Tokoro’s compositions onto a feed
carrier, as recited in claim 6.
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