Appeal 2007-1907
Reexamination Control No. 90/007,178
Patent 6,730,333 B1
1 8. Mr. Larry Jarvis, Registration Number 27,341 appeared for the
2 Appellants.
3 The Application Disclosure
4 9. According to the application, one of the objects of the invention is to
5 provide "nutraceutical compositions derived from the fruit of the Garcinia
6 mangostana L. plant, otherwise known as the mangosteen plant." (333
7 patent at 1: 7–9.)
8 10. The nutraceutical compositions are said to comprise a mixture of the
9 fruit and the pericarp of the mangosteen fruit. (1:11-12).
10 11. The nutraceutical compositions are said to contain xanthone
11 compounds (2:63).
12 12. In preparation, the entire mangosteen fruit is ground into a pulp, then
13 selected juice concentrates and water are added.
14 13. Nutraceutical is defined in the specification to include “any
15 compounds or chemicals that can provide dietary or health benefits when
16 consumed by humans or animals” (3:59-61).
17 The Application Claims
18 14. Claims 1, 5, and 15 are representative of the issues on appeal.
19 15. Claim 1 reads:
20 A nutraceutical beverage comprising:
21 pericarp from fruit of a Garcinia mangostana L. tree; and
22 a first juice from fruit of a Garcinia mangostana L. tree; and
3
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