Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA544384
`ESTTA Tracking number:
`06/21/2013
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`85518756
`OMEGA VALLEY FARMERS, LLC
`THE 3 OMEGAS
`JOSEPH S. HEINO
`DAVIS & KUELTHAU, S.C.
`111 E KILBOURN AVE STE 1400
`MILWAUKEE, WI 53202-6613
`UNITED STATES
`jheino@dkattorneys.com
`Applicants Request for Remand and Amendment
`11530808.PDF(129743 bytes )
`11530693.PDF(1631039 bytes )
`Patrick M. Bergin
`pbergin@dkattorneys.com
`/Patrick M. Bergin/
`06/21/2013
`
`Proceeding
`Applicant
`Applied for Mark
`Correspondence
`Address
`
`Submission
`Attachments
`
`Filer's Name
`Filer's e-mail
`Signature
`Date
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE
`
`TRADEMARK TRIAL AND APPEAL BOARD
`
`Law Office 109
`
`Trademark Attorney:
`
`David Collier, Esq.
`
`)
`)
`)
`
`) )
`
`) )
`
`) )
`
`\-1
`
`_
`In re Application of
`Agricultural Omega Solutions, LLC and
`Omega Valley Farmers, LLC
`
`Serial No. 85/518,756
`
`Filed: January 18,2012
`
`Trademark: THE 3 OMEGAS
`
`Trademark Trial and Appeal Board
`U.S. Patent and Trademark Office
`PO. Box 1451
`
`Alexandria, VA 22313-1451
`
`APPLICANTS’_ REQUEST TO REMAND FOR ADDITIONAL EVIDENCE
`UNDER 37 CFR § 2.142(D) AND TBMP § 1207.02
`
`Introduction
`
`Agricultural Omega Solutions, LLC and Omega Valley Farmers, LLC (“Applicants”) have
`
`appealed from the Examining Attomey‘s final refusal to register the above-identified mark dated
`
`October 24, 2012, respectfully requesting that the Trademark Trial and Appeal Board reverse the
`
`Examining Attorney's decision.
`
`Applicants’ Trademark
`
`Applicants seeks registration on the Principal Register of their mark:
`
`THE 3 OMEGAS '
`
`'
`
`

`
`for “meat, namely, beef and pork; fish; poultry and game; eggs; and dairy products, namely,
`
`milk, buttermilk, non-alcoholic egg nog, half and half, whipping cream, yogurt, butter, sour
`
`cream, dry buttermilk powder, dry milk powder, cheese, cream cheese, and cottage cheese; all of
`
`the foregoing containing omega acids” in Int’l Class 29; for “ice cream, ice milk and frozen
`
`yogurt; flour; all of the foregoing containing omega acids” in lnt’l Class 30; and for “animal feed
`
`containing omega acids” in Int’l Class 31 (“Applicants’ Mark”).
`
`The Rejection
`
`The Examining Attorney refused registration of Applicant’s Mark contending that the mark
`
`as applied to the goods is “merely descriptive.” Office Action dated October 24, 2012.
`
`In that final Office Action, the Examining Attorney expounded his position contending the
`
`“there are three types of omega-3 fatty acids, specifically, ALA, EPA and DHA.” Indeed, the
`
`final Office Action is replete with references to the “omega-3” fatty acids and appears to be
`
`hopelessly entrenched
`
`the notion that fly “ornega-3” fatty acids are relevant and that there
`
`are “three types of omega-3” fatty acids.
`
`However, the final Office Action also states, in part, the following:
`
`Furthermore, according to the applicant’s (sic) website, “Agricultural Omega
`Solutions LLC (AgO3) supports financially strong, farm supply co-ops located in the Med-
`West with its core services providing specialty custom feed supply. Technologies increase
`the Omega 3 fatty acid content of the targeted animals daily ration which increase the
`Omega 3 content of the animal products for human consumption. The technology and
`application ofthe process naturally balance the Omega 6 to Omega 3 (emphasis added).
`
`Applicants respectfully submit that this is a tacit confirmation that the mark THE 3
`
`OMEGAS is not, and cannot be, construed as being limited to just omega-3 fatty acids, or to the
`
`“three types of omega-3 fatty acids,” because it also references omega—6 fag acids.
`
`In view of this reference in the final Office Action, and the major emphasis placed on omega-
`
`3 fatty acids by the Examining Attorney in issuing a final refusal to register, Applicants believe
`
`that there is good cause to supplement the record on this appeal.
`
`

`
`Applicant’s Request and “Good Cause”
`
`During the preparation of Applicants’ Main Brief under TBMP § 1203.01, Applicants have
`
`developed additional evidence that they believe should be considered by the Examining
`
`Attorney, which supplements the Examining Attorney’s reference to other omega-type fatty
`
`acids in the final Office Action. That evidence has not been previously presented to or
`
`considered by the Examining Attorney, nor is it cumulative.
`
`In an effort to establish a first ground for good cause, counsel for Applicants contacted the
`
`Examining Attorney by telephone on June 20, 2013 to determine if the Examining Attorney
`
`would be agreeable to a remand to consider the three (3) additional exhibits. The Examining
`
`Attorney refused.
`
`However, the Applicants are of the opinion that a second, and more compelling, reason for a
`
`remand exists. Specifically, Applicants believe that the Examining Attorney “opened the door”
`
`to supplementation of the record by making direct reference to omega-6 fatty acids via reference
`
`to an excerpt from the Applicants’ own website. Thus, although the Examining Attorney has
`
`focused exclusively on omega-3 fatty acids in the Office Action (thus effectively and unduly
`
`restricting Applicants’ use of the number “3” in the mark), the Examining Attorney himself
`
`referenced omega-6 fatty acids.
`
`Applicants wish to make of record the fact that a complete analysis of the world of fatty acids
`
`includes omega-3, omega-6, omega-7 and omega-9 fatty acids, which impacts the position taken
`
`in the final Office Action. The three (3) additional exhibits proposed by the Applicants identify
`
`the other types of fatty acids and supplement the record, but not cumulatively. To ignore the
`
`existence of omega-7 and omega-9 fatty acids in the analysis of the THE 3 OMEGAS mark
`
`places undue emphasis on omega-3 fatty acids to the prejudice of the Applicants. In short, since
`
`

`
`the Examining Attorney opened the door to mention omega—6 fatty acids, Applicants feel it only
`
`fair to mention the other fatty acid types that are recognized in the world of fatty acids. Focusing
`
`on only omega-3 fatty acids in the rejection analysis places undue emphasis on the number “3” in
`
`the composite mark, which mark should be considered as a unit and not improperly dissected.
`
`Lastly, the Applicants respectfiilly submit that a denial of this request will unduly prejudice
`
`the Applicants. There is but a thin line between the two types of marks (descriptive versus
`
`suggestive); where there is doubt whether a mark is descriptive or suggestive, that doubt should
`
`be resolved in favor of the applicant. In re Bel Paese Sales Co., I U.S.P.Q.2d 1233, 1986 WL
`
`83304 (T.T.A.B. 1986).
`
`Conclusion
`
`Applicants respectfiilly request that, because the present appeal is at its early stages and
`
`because the Examining Attorney opened the door by referencing another, but not all, omega fatty
`
`acids used in food products with which the current mark is to be used, review of the additional
`
`evidence by the Examining Attorney may be determinative of this matter and a remand to the
`
`Examining Attorney is respectfully requested.
`
`

`
`Notwithstanding the foregoing, the Applicants will also be filing their Main Brief today in
`
`View of the June 22, 2013 deadline for doing so in the event the request for remand is denied.
`
`Respectfully submitted,
`
`Agricultural Omega Solutions, LLC and
`Omega Valley Farmers, LLC
`By Their Attorneys
`
`Date:
`
`June 21, 2013
`
`ilwaukee, WI 53202
`414.225.1452
`
`414.278.3652
`
`jheino@dkattorneys.com
`pbergin@dkattorneys.com
`
`N:\DOCS\83032\00005\11526314
`
`

`
`
`
`Omega-7 Fatty Acids - The Essential Non-Essential Fatty
`Acids
`
`What is omega—7?
`
`Most of us have heard of ome-ga~3 essential fatty acids, and maybe o1nega—6
`
`essential fatty acids. There are also omega—9 fatty acids, which are not
`
`"essential," that is, you don't have to get them in your diet so you won't die,
`
`and there is yet another group of useful but non-essential fatty acids known as
`
`the omega—7's. Here are seven things you need to know about omega-7's and
`
`your health.
`
`1. Omega-7 fatty acids are a healthy form of trans- fat.
`
`Trans- fat gets a bad rap because some kinds of trans— fat increase
`
`cellular inflammation and irritate the linings of arteries. Omega—7 fatty
`
`acids like vaccenic {literally "cow") fatty acid found in dairy products is
`
`a trans— fat that helps your body overcome inflammation, if you don't
`
`eat too much of other fatty foods.
`
`2. Omega»? fatty acids are not found in non-fat foods.
`
`It may seem obvious, but you don't get your omega—7's in non—fat dairy
`
`products. Only dairy products made with whole milk or at least 2 per
`
`cent fat milk provide these fatty acids. Omega—7 fatty acids are in liquid
`
`milk, cheese, and yogurt.
`
`3. The omega-7 fatty acid in dairy products may actually lower
`
`cholesterol.
`
`Scientists at the University of Albert have found that feeding lab rats
`
`vaccenic acid for sixteen Weeks lowered total cholesterol, LDL
`
`cholesterol, and triglycerides. This is not, of course, the effect that you
`
`would expect by feeding yourself lots of cheese and butter.
`
`EXHIBIT D i
`
`

`
`4. The best vegetarian source of omega-7 fatty acids is sea buckthorn.
`
`"Sea buckthorn, despite its name, is not an ocean plant. The sea
`
`buckthorn is a plant that grows in high~salt conditions both along the
`
`ocean shoreline and in deserts, from western Europe to Mongolia. The
`
`berries are inedible unless they are "blotted," frozen to increase their
`
`sugar content, but they are a terrific source of vitamin C, containing 15
`
`times as much vitamin C as oranges. Sea buckthorn berries are also a
`
`rich source of omega—7 fatty acids used to make both nutritional
`
`supplements and skin care products.
`
`5. Macadamia nuts are also rich in omega—7 fatty acids.
`
`Macadamia nuts are rich in palmitoleic acid, an omega—7 fatty oil that
`
`provides the building blocks for the enzymes that control the burning of
`
`fat. Australian researchers have investigated palmitoleic acid as a
`
`treatment for obesity. Of course, you don't want just to eat lots of
`
`macadamia nuts to try to lose weight! Palmitoleic acid supplements are
`
`the appropriate weight loss tool.
`
`6. Too much omega—7 in the diet causes an unpleasant side effect.
`
`When omega»? fatty acids accumulate in the oily sebum that lubricates
`
`the skin, they are broken down into the chemical 2—noneal, which
`
`causes the phenomenon known as "old people smell." Frequent washing
`
`and specially formulated cosmetics eliminate the smell.
`
`‘7. You can get the benefits of omega-7's without the risk of old people
`
`smell by taking omega-7 supplements.
`
`Your body does not need omega—’7's to function. Certain, specific omegaf/‘s
`
`have desired health effects. Taking omega—7 supplements gives you the health
`
`benefits without causing accumulation of o1nega—'7's in your skin.
`
`And no matter what your age, ornega—7 supplements can provide essential
`
`health benefits, especially in weight loss and cholesterol control. Omega-7's in
`
`

`
`supplement form can be the non—essential fatty acid that is essential to your
`health.
`
`Selected References:
`
`0 Power, G.W., Cake, M.l-I. 8:. Newsholme EA. [1997} The influence of diet on the activity of
`
`camitine palrnitoyltransferase 1 toward a range of acyl COA esters. Lipids 32: 3.1w37 .
`
`Omega-zz Side Effects
`
`Does omega»? have any side effects?
`
`Omega—z Benefits
`
`What are the health benefits of Omega—'7?
`
`Read Our
`
`Guide
`
`Learn How
`
`To Choose
`a
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`High
`Quality 85
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`Fish Oil
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`Sugplement
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`Related Articles
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`o Omega—'7 Side Effect - The Problems You Can Encounter from Taking
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`Help You Lose Weight?
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`
`Effects of Fatty Acids on Reproduction in the Dairy Cow:
`'
`The Good and the Bad
`
`Helene V. Petit, Ph. D.
`_
`Dairy and Swine Research and Development Centre
`Agriculture and Agri—Food Canada
`P. O. Box 90, Lennoxville, QC JIM 1Z3
`Canada
`
`Introduction
`
`Recently, there has been a great deal of interest in feeding fat to dairy cows in
`order to increase energy density of the diet and improve reproduction. It is known that
`cows fed supplemental fat may experience improved energy balance and begin to cycle
`sooner because of enhanced follicular growth and development (Grummer and Carroll,
`1991). However, Lucy et al. (1992) suggested that it was fatty acids, and not the
`additional energy provided by the fatty acids, that stimulated ovarian fimction. Recently,
`new information has been published that demonstrates that the type of dietary fatty acids
`is important as individual fatty acids do not have the same effects on reproduction of the
`dairy cow.
`
`Fatty Acid Terminology
`
`A fatty acid molecule is shaped like a caterpillar with two different ends: a methyl
`group and a water-soluble end that is the carboxyl end." There ‘are '_different"_familieS—of
`"fatty acids in feed: _o_r'ne'ga-3, omega-6, omega-7, and oinega-.9.'_-The most common
`numbering system is called the omega system. This system numbers carbon atoms in
`sequence, starting from the methyl end. The other commonly used system, called the
`delta (d) system, starts at the acid end and numbers the carbon atoms in reverse direction.
`
`The omega-7 family of fatty acids is synthesized fi'om palmitic acid (C16:O) while
`the omega-9 fatty acid family is synthesized fi'om stearic acid (C1820) via oleic acid
`(C18: 1, Figure 1). These two families are not considered essential as they are produced in
`the body.
`
`The omega-3 and omega-6 fatty acids are essential because both are vital to
`health but cannot be made by our cells and must, therefore, be provided by foods.
`
`Linoleic acid (Cl 8:2) belongs to the omega-6 family while linolenic acid (C183)
`belongs to the omega-3 family (Figure 2). The system used to name fatty acids considers
`the number of carbons in the chain (e.g. 18 for linoleic acid), the number of double bonds
`in the chain (2 for linoleic acid) and where in the chain the first double bond is located
`from the methyl end (lst double bond between carbons 6 and 7 for linoleic acid): C18:2.
`
`EXHIBIT E
`
`

`
`Figure 1. Schematic pathway of omega-7 and omega-9 fatty acid synthesis.
`
`Ci-4:0
`
`C18:1
`
`I
`Palmitic Acid abr-
`C1620
`I
`Stearic Acid —I> Oleic Acid —>Omcga9
`C18:0
`
`Figure 2. Schematic pathway of omega-6 and omega—3 fatty acid synthesis.
`
`0mega—6 fatty acids
`
`Omega.-3 fatty acids
`
`C18:2n6 Linoleic acid
`
`Cl8:3n3 u~LinoIaic acid
`
`¢ -ta A6 Desaturase an- ‘
`
`Cl8:3n6 'y=~I;.inolenic acid
`
`C18:4n3 Stearidonic acid
`
`‘ «T Elongase an- *
`
`C20:3n6 Dihomo-7-Linolenic acid
`
`C20:4n3 Eioosateuaenoic acid
`
`J, «T A5 Desaturase ——e- {,
`C20:4n6 Arachidnnic amid
`'
`' C20:5n3 Eicosapentaenoic acid
`
`

`
`‘Sources of Fatty Acids
`
`The main sources of short chain fatty acids are cottonseed and palm oils. All
`sources of fat contain long chain fatty acids. The main sources of linolenic acid
`(C18:3n3) are flaxseed, hemp, canola, soybean, nuts and dark green forages. Ryegrass
`silage contains as much as 60% of Iinolenic acid as a percentage of total fatty acids
`(Dewhurst and King, 1998), which would encourage high forage systems to increase
`dietary linolenic acid content. Omega—3 fatty acids are found also in cold water and salt
`water fish (salmon,
`trout, mackerel, sardines). The main sources of Iinoleic acid
`(C18:2n6) are sunflower seed, safflower, hemp, soybean, nuts, pumpkin seeds, sesame
`seeds and flaxseed. Gamma-linolenic acid (Cl8:3n6) is found in evening prirnose oil,
`grape seeds and borage. Dihomogamma-linolenic acid (C20:3n6) is found in maternal
`milk while arachidonic acid (C20:-4n6) occurs mainly in meat and animal products. Oleic
`acid (C1821) is found in olive, almond, avocado, peanut, pecan, cashew, macadamia nut
`and butter. Omega 7 in the form of palrnitoleic acid (C16:l) is found in tropical oils
`(coconut, palm). Composition in C18 fatty acids of some edible vegetable oils is
`reported in Table 1.
`
`Adapted from Erasmus (1993).
`
`Fatty Acids and Fertility
`
`Supplementary fats are likely to affect fertility because fatty acids are the
`precursors both of prostaglandins (PG) and, via cholesterol, the steroid hormones. In
`general, feeding supplemental fat such as calcium soaps of long chain fatty acids, fish
`meal, and tallow increases conception rates. However, a lowered conception rate at first
`service has been reported when there was a paralleled increase in milk production (range
`
`

`
`of 2.2 to 4.5 kg/d). Thatcher and Staples (2000) wrote an excellent review on the subject.
`There are two main families of essential fatty acids, omega-3 and omega-6 fatty acids,
`that could affect fertility. The main source of omega-6 fatty acids is dietary linoleic acid
`(Cl8:2n-6) and this is converted to arachidonic acid (C20:4n-6), which inter alia is the
`precursor of the dienoic (2-series) PG, such as PGF;;_.,. The same elongase and desaturase
`enzymes also convert the main dietary omega-3 fatty acids (oi-linolenic acid; C18:3n-3)
`-to eicosapentaenoie acid (EPA; C20:5n-3), the precursor of the trienoic (3-series) PG,
`such as PGF3.;, (Abayasekara and Wathes, 1999). Competition between omega-3 and
`omega-6 precursors for desaturation and elongation as well as at the site of PG synthetase
`means that increasing the Supply of omega-3 fatty acids will decrease production of
`dienoic PG (Barnouin and Chassagne, 1991). In many cases the trienoic PG have lower
`biological activity than the corresponding dienoic PG (Fly and Johnston, 1990) and this
`may directly affect aspects of fertility. For example, treatments that reduce ovarian and
`endometrial synthesis of PGF2a, at the expense of PGF3.,, may contribute to a reduction
`in embryonic mortality (Mattos er al., 2000). There is some evidence for different effects
`of oi-linolenic acid and the omega-3 fatty acids from fish oil (EPA and docosahexaenoic
`acid (DHA), C22:6n-3) on eicosanoid (interleukin) synthesis, perhaps because of
`differences in the way in which these fatty acids incorporate into cell membranes (Wu et
`al., 1996).
`
`Supplementary fats can also reduce the total synthesis of PG by affecting the
`activity of PG synthase (Thatcher et al., 1995). Diets rich in linoleic acid (C18:2)
`increase arachidonic acid concentration (C20:4) in tissues and diets rich in linolenic acid
`(C18:3) increase concentration of eicosapentaenoic acid (C20:5) (Béréziat, 1978).
`Moreover, eicosapentaenoic acid (C20:5) is a competitive inhibitor of the enzyme
`complex involved in the synthesis of prostaglandins from arachidonic acid (C20:4) (Leat
`and Northrop, 1979; Holman, 1986). Therefore, this would suggest that a diet with a low
`lirioleic to linolenic acid ratio (Cl8:2:C18:3, omega-6:omega-3) could decrease
`prostaglandin secretion or prostagiandin activity as suggested by Barnouin and
`Chassagne (1991), which would thus have important effects on reproduction and
`immunity in the dairy cow.
`
`Prostagladins Synthesis
`
`There are two main pathways (Figure 3) used to synthesize PG: one is used by
`most dietary fat (e.g. corn and soybean, sources of omega-6 fatty acids) and leads to
`series 1 and 2 PG while the other one is more specific to fish products and flax (sources
`of omega-3 fatty acids) and leads to series 3 PG. Thus, depending on the pathway used
`for PG synthesis, the type and role of the resulting PG will differ. PG of series 2 are
`"important at calving; they increase platelet agglutination and blood clot formation, they
`increase salt retention in kidneys, water retention, and blood pressure. PG of series 2 aiso
`cause inflammation, which leads to their role of “bad guys” among the different PG
`SBHCS.
`
`

`
`Figure 3. Metabolic pathway of series 1,2 and 3 prostaglandins.
`
`a ega—6 may adds
`
`
`o.i.ega;s ratiy ids
`
`
`
`C18:2n6 Lincleic acid
`
`C18:3r13 or-Linoieic acid
`
`C18:3n6 'g~Lino1cnic acid
`
`CI8:4n3 Stearidonic acid
`
`C20:3n6 Diliomo-ye-Linclenic acid
`# C Series 1
`Proshghmdim
`C20:4n6Aracl1idcnic acid
`cyclooxygenase If
`C
`pmgtaglandins H,
`Parrrsnaarm
`
`Saw: 2
`
`C20:4n3 Eiccsatetracncic acid
`V‘
`C20:5n3 Eicosapentacnoic acid
`
`C /‘Zn:-ostaglandhi synthasc
`
`Series 3
`
`improve the immune sytem of T cells, prevent platelet
`1
`PG of series
`agglutination and heart attack, contribute to remove the excess of Na and water in
`kidneys, decrease the inflarnrnatory responseand contribute in controling arthritis and
`decreasing cholesterol production. PG of the series" 3 have a very weak platelet
`agglutination power and they prevent fabrication of PG of the series 2; they also prevent
`heart attack, water retention, and inflammation. PG of the series 1 and 3 are thus
`considered as “good guys” contrary to those of the series 2. In fact, our preliminary
`results (Gagnon er al., 2000) showed that some immune parameters were affected by the
`type of dietary fatty acids at the time of embryo implantation.
`Some polyunsaturated fatty acids (PUFA) can serve as a substrate for the
`synthesis of PGFM. These include cis-linoleic acid (Cl8:2) that is commonly found in
`natural fat sources. It can be desaturated and elongated to form arachidonic acid which
`serves as an immediate percursor for the series 2 PG of which PGF20, is a key member.
`Key regulatory enzymes
`for
`these conversions
`include A six desaturase and
`cyclooxygenase. These same fatty acids also can inhibit PG synthesis by competitive
`inhibition with these key enzymes. Linoleic acid has been shown to be an inhibitor of PG
`synthesis that is produced by the endometrium in response to the presence of a conceptus
`in order to perserve the integrity of the conceptus (Thatcher et al., 1994). Other fatty
`acids besides linoleic acid can play inhibitory roles. EPA and docosahexanoic acid
`(C22:6) have been shown to inhibit cyclooxygenase activity, which is an enzyme
`involved in the synthesis of PGF2o,+.
`
`Fatty Acids, Cholesterol, and Progesterone
`Cholesterol serves as a precursor for the synthesis of progesterone by ovarian
`luteal cells.
`Secretion of progesterone is the main funtion of the corpus luteum.
`Progesterone not only prepares the uterus for implantation of the embryo but also helps
`
`

`
`The successful
`to the conceptus.
`maintain pregnancy by providing nourishment
`establishment and maintenance of pregnancy (before day 16 post AI) requires the
`maintenance of progesterone secretion through the critical period of the maternal
`recognition of pregnancy when luteolysis occurs in the non-pregnant animal (Lamrning
`and Royal, 2001). Between 25 and 55% of mammalian embryos die in early gestation.
`Increased concentrations of plasma progesterone have been associated with improved
`conception rates of lactating ruminants. Similarily, progesterone concentration prior to
`AI has been associated with greater fertility.
`In a field study involving 426 lactating
`dairy cows, blood was sampled on 58d postpartum for rnultiparious cows and 72 for
`prirniparous cows and then analyzed for progesterone. Cows were bred approximately 3d
`later in a synchronized estrus scheme. Conception rate increased 1.44% for every 1
`ng/ml increase in plasarn progesterone (r2 = 0.11, Staples et al., 1997). The recovery of
`embryos 7d afier estrus increased as plasma progesterone concentration increased just
`prior to AI (Britt er al., 1996). In either association, dietary fat, which stimulates ovarian
`cyclicity or corpus luteum function, would contribute to increased fertility. Increased
`progesterone suggests that luteal fiinction is enhanced by dietary fat. Dynamics of
`maternal progesterone secretion also appear important for conceptus development and
`secretion of interferon-‘c, which is secreted by the embryo for gestation recognition by the
`mother.
`
`It has been suggested that improved conception rate could be a result of increased
`concentrations in plasma cholesterol (Spicer er al., 1993), although this hypothesis was
`not supported by our results. In fact, cows fed formaldehyde-treated flaxseed had lower
`plasma cholesterol concentration and better conception rate than those fed Megalac®
`(Petit et al., 2001). Other studies have reported no relationship between cholesterol
`concentrations in blood and reproductive measures (Ferguson et al., 1990; Spicer er al.,
`1990).
`
`The fatty acid profile of the dietary fat may influence the propensity of animals to
`increase plasma progesterone. Mature ewes were infused intravenously with saline,
`soybean oil, or olive oil for 5h on d 9 through 13 of an estrous cycle (Burke et al., 1996).
`Serum cholesterol was increased by fat infusates, and olive oil was more effective than
`soybean oil (127, 141, and 153 mg/dl for saline, soybean oil, and olive oil, respectively).
`However, soybean oil infusion resulted in greater progesterone response than did infusion
`of olive oil at 2.5h postinfusion.
`Therefore,
`the greatest concentration of serum
`cholesterol did not coincide with the greatest concentration of serum progesterone.
`
`Fatty Acids and Prostaglandins Secretion
`
`It is known that there is a negative relationship between concentration of PGFM
`and that of progesterone. For example, at calving, PGF2(, concentration increases while
`‘that of progesterone decreases. Similarly, during gestation, PGFM concentration
`decreases and that of progesterone increases. Progesterone is secreted by the corpus
`luteum and synthesized by steroids. Therefore, an increase in PGF2o, concentration is
`paralleled with a decrease in progesterone concentration and vice versa. In theory, it
`could thus be possible to modulate concentrations of PGFZO, and progesterone by different
`
`

`
`in the experiment we carried out in UK, we observed a
`feeding strategies! In fact,
`tendency (P = 0.09) for greater progesterone concentration in the blood of cows fed
`formaldehyde-treated flax compared to those fed Megalac (Petit at al., 2002). This may
`partly explain the greater gestation rate observed for cows fed formaldehyde—treated flax
`(87.5%) compared to those fed Megalac (50.0%) in a companion study (Petit er ai’.,
`2001).
`
`Better conception rate for cows fed formaldehyde-treated flaxseed compared to
`those fed Megalac® could result from different prostaglandins synthesis. In fact, linolenic
`acid in flaxseed uses the eicosapentaenoic acid metabolic pathway while fatty acids in
`Megalac uses partly the arachidonic acid pathway (Cunnane, 1995) and it is known that
`eicosapentaenoic acid inhibits prostaglandins synthesis (Spicer er al., 1993). Therefore,
`ingestion of linolenic acid contained in flaxseed could potentially inhibit PGFM synthesis
`(Curmane, 1995). Thatcher et al. (1997) has shown that PGFM secretion is decreased in
`dairy cows fed fish meal. In fact, fish meal, which would lead to eicosapentaenoic acid
`and docosahexaenoic acid formation, has been shown to increase gestation rate of dairy
`cows and to alter corpus luteum regression as shown by greater plasma concentrations of
`progesterone (Burke et al., 1997). This would agree with the tendency observed in one of
`our experiments (Petit et al., 2002)
`for greater milk progesterone concentration,
`expressed as the area under the curve, for cows fed formaldehyde—treated flaxseed
`compared to those fed Megalac®. However, it is not known if the greater conception rate
`observed for cows fed fonnaldehyde-treated flaxseed in the experiment of Petit er al.
`(2001) was a result of a decrease in embryo mortality or better fertilization of the ova as
`pregnancy was confirmed only once at d 45 post AI. More research is required to
`determine the reasons for better conception rate for cows fed a source rich in omega-3
`fatty acids. The potential
`to improve reproduction of dairy cows through dietary
`manipulation is an exciting concept and needs to be further addressed.
`
`One of the rate—limiting precursors for PGFM synthesis is arachidonic acid. It is
`known that the essential fatty acid linoleic acid acts as a competitive inhibitor of PG
`synthase (Thatcher et al., 1994) and that the uterus of pregnant cows at day 17 are
`enriched with non-esterified linoleic acid (Thatcher at al., 1995). An increase in the
`linoleic pool in blood would suggest that linoleic acid becomes a competitive inhibitor
`with arachidonic acid for the prostaglandin synthase enzyme system. In addition, linoleic
`acid can be converted to a shunt metabolite, eicosadienoic acid (C2012), rather than to
`arachidonic acid (Kaduce er al., 1982) when excess linoleic acid is present, thereby
`reducing synthesis of series 2 prostaglandins. A decrease in arachidonic acid biosynthesis
`by inhibition of A6 and A5 desaturase enzymes that are necessary for conversion of
`linoleic acid to arachidonic acid would decrease PGFM secretion. Duodenal infusion of
`yellow grease (enriched in linoleic acid) depressed peak plasma concentrations of PGFM
`(Oldick er al., 1997). Moreover, feeding diets containing 2.6, 5.2 and 7.8% Menhaden
`fish meal to lactating dairy cows reduced uterine secretion of PGF2a (Thatcher at al,
`2001a).
`
`Dietary supplementation with y-linolenic acid (C1823, n-6) or EPA reduced the
`
`

`
`synthesis in vitro of PGF2(1 and PGFg., from human endometrial samples collected 6
`months afier initiation of dietary treaments (Graham et al., 1994). Infusion of a fat source
`rich in linoleic acid (17%) into the abomasum of lactating‘ dairy cows resulted in a
`significant attenuation in the release of PGFM, as measured -in peripheral plasma, in
`response to an injection of oxytocin on day 15 of a synchronized oestrous cycle (Oldick
`et al., 1997).
`
`Dietary PUFAS can decrease PGFM synthesis by different actions, which include
`decreasing the availability of precursor arachidonic acid, increasing the concentration of
`fatty acids that compete with arachidonic acid for series 2 PG, and inhibiting PG
`synthase. Reduced availability of arachidonic acid in the uterine phospholipid
`membranes for conversion to series 2 PG can occur through a reduction in the synthesis
`of arachidonic acid or through displacement of existent arachidonic acid from the
`phospholipid membranes by other fatty acids. This can be achieved through dietary
`supplementation with fish oil (rich in EPA and DHA) or linseed oil as they are major
`inhibitors of desaturation and elongation in liver cells leading to arachidonic acid
`formation (Bezard et al., 1994). Moreover, as there is a preferential processing of n-3
`
`fatty acids by A6 desaturase at the expense of desaturation of n-6 fatty acids (Sprecher,
`1981), feeding n-3 fatty acids would lead to a reduction in arachidonic acid formation. In
`summary, inhibition of PG secretion can be achieved through: 1) reduced synthesis of
`arachidonic acid by A6 and A5 desaturase enzymes necessary for conversion of linoleic
`acid to arachidonic acid; 2) alteration in fatty acid profile in favour of omega-3 in
`membrane phospholipids which may or may not be precursors of other eicosanoids; 3)
`inhibition of synthesis and activity of cyclooxygenase enzymes responsible for the
`
`synthesis of PGFM; and 4) inbition of gene expression involved in the synthesis of series
`2 PG (Mattos er al., 2000).
`
`Maternal Recognition of Pregnancy
`
`to
`The dialogue between the conceptus and uterine endometrium leads
`maintenance of the corpus luteum. The ability of embryonic interferon-‘C to inhibit uterine
`secretion of PGF2u is critical to the establishment of pregnancy in cattle. Up to 40% of
`total embryonic losses are estimated to occur beween day 8 and day 17 of pregnancy
`(Thatcher et al., 1994). This high proportion of losses is coincident with the period of
`conceptus inhibition of uterine PGF;.x secretion, suggesting that some loss may be
`occurring because certain conoeptuses are unable to inhibit secretion of PGFM. Future
`strategies to improve embryo survival during this critical period will be based upon a
`thorough understanding of the factors regulating “a better communication between the
`embryo and the mother" at the embryo interface”.
`
`The success of early pregnancy in the mated cow is dependant on the successfill
`maternal recognition of pregnancy (Thatcher er al., 1995; Mann et al., 1999). To achieve
`this the embryo must prevent the demise of the corpus luteum by the timely production of
`interferon tau, the embryonic signal which acts to inhibit the development of the maternal
`luteolytic mechanism.
`Interferon tau acts
`locally in the uterus to suppress the
`development of oxytocin receptors in the endometrium and thereby suppress the secretion
`
`

`
`of luteolytic episodes of PGF20, generated by the binding of oxytocin to its receptors
`(Mann er al., 1999). It has been shown that the pattern and level of ovarian steroid
`hormones in early pregnancy can influence both embryo development an