Appeal 2007-2556
Application 10/274,711
ascertained, and the ordinary level of skill in the art resolved. Objective
evidence of the circumstances surrounding the origin of the claimed subject
matter (so-called secondary considerations) may also be relevant. Such
secondary considerations guard against the employment of impermissible
hindsight.4
Scope and content of the prior art
The examiner rejected all twenty-seven claims in view of the
published applications of Collins5 and Zhao6 and of the patent of Mehansho.7
All three references relate to health foods or drinks.
Collins is directed to compositions containing a more biologically
useful analogue of vitamin B12, adenosylcobalamin. A broad spectrum of
disorders are said to result from vitamin B12 deficiency, including anemia
and neurological disorders.8 Collins teaches that adenosylcobalamin can be
combined with amino acids and minerals,9 and with popular herbal
supplements, expressly including Echinacea, gingko, and usnea extracts.10
One embodiment uses the adenosylcobalamin in a fortified fruit juice,
4 Graham v. John Deere Co., 383 U.S. 1, 17, 36 (1966), cited with approval
in KSR Int'l v. Teleflex Inc., 127 S. Ct. 1727, 82 USPQ2d 1385 (2007). The
appellant has not directed us to any objective evidence of secondary
considerations.
5 Douglas A. Collins, "Adenosyl-cobalamin fortified compositions", US
2003/0018009 A1 (pub'd 23 January 2003) (Collins).
6 Iris Ginron Zhao, "Multi-phase food & beverage", US 2003/0228393 A1
(pub'd 11 December 2003) (Zhao).
7 Haile Mehansho et al., "Beverage compositions comprising
arabinogalactan and defined minerals", U.S. 6,703,056 B2 (issued 9 March
2004) (Mehansho).
8 Collins ¶0003.
9 Collins ¶0034.
10 Collins ¶0047.
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