Appeal 2007-2375
Application 10/319,843
oils, having an improved abrasion resistance” (Specification 1).
Specifically, the Specification describes “substantially dust-free shaped
animal feedstuffs additives . . . based on fermentation broth and containing
L-lysine and preferably the major proportion of the further constituents of
the fermentation broth” (id. at 2). The Specification states that the animal
feedstuffs additives “contain L-lysine in a concentration of 30 to 90 wt.%,”
greater than or equal to “97 wt.% of the animal feedstuffs additive . . . has a
mean particle size between > 0.1 and 1.8 mm,” and the animal feedstuffs
additives “contain on the surface an added additive in an amount of 0.02 to
2.0 wt.%” (id.). The Specification also states that “[f]ats and oils from the
original product (optionally biomass and dissolved fractions from the
fermentation broth), mak[e] up at most 6% of the weight” (id. at 4) and that
the surface additive may be an edible oil, a silicone oil, or polyethylene
glycol (id. at 6-7).
DISCUSSION
1. CLAIMS
Claims 34-51 are pending and on appeal. The claims have not been
argued separately and therefore stand or fall together. 37 C.F.R.
§ 41.37(c)(1)(vii). We will focus on claim 34, which is representative and
reads as follows:
34. A substantially dust-free animal feed composition obtained by
fermentation, said composition comprising:
(a) an original granulated animal feed additive obtained by
fermentation and containing biomass from said fermentation, wherein fats
and oils in said original feed additive comprise less than 6% by weight;
2
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