Appeal 2007-2375
Application 10/319,843
particles of a caking preven[ta]tive” (Mori 3: 3-5). Mori specifically
describes using L-lysine in the feed additive “in a large amount” (id. at 3:
13-15). Mori also describes using a fermentation broth as a starting material
for the granulation (id. at 3: 18-20). In addition, Mori states that 80 to 95%
by weight of the granules have a particle size of from 300 to 5000 µm (0.3 to
5 mm) (id. at 4: 11-12).
Beirne states that dust in animal feed poses a general health hazard, as
well as other problems (Beirne 3). To produce a substantially dust-free feed
additive, Beirne describes adding an aerosol of mineral oil and air to a
mixture of bulking carrier material and feed additive “so that the droplets of
mineral oil adhere to the dust of the material” (id. at 4-5). Beirne states that
the amount of mineral oil is “within a range of 0.25% to 2.0% by weight of
the combined bulking carrier material and feed additives mixture” (id. at 5).
Based on the teachings in Beirne, we agree with the Examiner that it would
have been obvious to add mineral oil, in an amount of 0.25% to 2.0% by
weight, to the granular feed additive of Mori in order to produce a
substantially dust-free animal feed. In addition, we agree with the Examiner
that adding mineral oil to the granular feed additive of Mori would result in
mineral oil being present on the surface of the granular feed additive.
Binder describes “an animal feed supplement which contains at least
one amino acid at a high concentration with only a small proportion of
unwanted by-products” (Binder, col. 1, ll. 59-62). Specifically, Binder
describes an animal feed supplement “based on fermentation broth,” the dry
mass of the supplement containing 40-90% by weight amino acid(s) and a
maximum of 5% by weight fats and oils (id. at col. 2, ll. 9-18). Based on the
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