Ex Parte Dubner et al - Page 3

              Appeal 2007-2375                                                                      
              Application 10/319,843                                                                

                    (b) an additional compound on the surface of said original                      
              granulated feed additive in an amount of 0.02-2 wt% of the total weight of            
              said dust-free animal feed composition, said additional compound being                
              selected from the group consisting of:  an edible oil; a silicone oil; and            
              polyethylene glycol;                                                                  
              and wherein said substantially dust-free animal feed composition comprises            
              L-lysine in an amount of 30-90 wt% based upon the total weight of said                
              composition and wherein at least 97% of said substantially dust-free animal           
              feed composition has a mean particle size of 0.1-1.8 mm.                              
              2.  PRIOR ART                                                                         
                    The Examiner relies on the following references:                                
              Ito     GB  2249466  May 13, 1992                                                     
              Binder     US 5,431,933  Jul.   11, 1995                                              
              Beirne    GB  2293304  Mar. 27, 1996                                                  
              Mori     EP   0743016  Nov. 20, 1996                                                  
              Becker    US 5,814,501  Sep.  29, 1998                                                
              Simonsen    US 2002/0119201  Aug. 29, 2002                                            

              3.  OBVIOUSNESS                                                                       
                    Claims 34-51 stand rejected under 35 U.S.C. § 103 as obvious over               
              Mori in view of Ito, Beirne, Simonsen, Becker, and Binder.1  The Examiner             
              relies on Mori for disclosing “mixing lysine containing fermentation broth            
              granules and lysine granules with fatty acid ester salts . . . to obtain free-        
              flowing compositions with less caking tendency” (Answer 4).  The                      
                                                                                                   
              1 The Examiner relies on six references.  However, because we conclude that           
              the combination of Mori, Beirne, and Binder render claim 34 obvious, we               
              need not discuss Ito, Simonsen, or Becker.                                            
                                                 3                                                  

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