Appeal No. 2007-4245
Application 09/489,310
Claim 23, the only independent claim on appeal, reads as follows:
A method of treating dental erosion comprising orally
administering to a mammal in need thereof an effective amount
of a beverage composition having a pH of less than about 5;
wherein the beverage composition comprises a compound
having the structure:
wherein n is an integer averaging from about 7 to about 100 and
M, M’, and M’’ are each, independently, selected from the
group consisting of sodium and potassium, and wherein the
beverage composition is substantially free of calcium and
fluoride.
B. ISSUE
Claims 23-31 are rejected under 35 U.S.C. § 102(b) as being
anticipated by Kohl.2 The sole issue on appeal is whether the phrase “in
need thereof” in claim 23 defines over the prior art.
C. FINDINGS OF FACT
The following findings of fact are believed to be supported by a
preponderance of the evidence. Additional findings of fact as necessary
appear in the Analysis portion of the opinion.
1. Background of the invention
Soft drink beverages, e.g., cola beverages, and fruit juice beverages
have the potential to cause dental erosion in the consumer of the beverage.
Appellant’s Specification 1:14-16.
2 U.S. Patent 3,681,091 issued to Kohl et al. on August 1, 1972.
2
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