Appeal No. 94-4461
Application 07/996,797
4. Claim language
Upon return of the application, the examiner should clarify the following claim
language.
The claims require “a carbohydrate source composed primarily of a low glycemic
index.” According to the specification at page 11, it is the carbohydrate which has a
glycemic index, rather than the carbohydrate being “composed” of a glycemic index.
Should the claims require “a carbohydrate source having a low glycemic index?”
The claims also require that the protein have a “high biological value.” It is not clear
where the specification of this application defines this phrase.
The decision of the examiner is reversed.
REVERSED
SHERMAN D. WINTERS )
Administrative Patent Judge )
)
)
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MARC L. CAROFF ) BOARD OF PATENT
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