Appeal No. 94-4461
Application 07/996,797
DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 from the final rejection of claims 18-33, all
the claims in the application.
Claims 18, 19, 24 and 28 are illustrative of the subject matter on appeal and read
as follows:
18. A method for the reduction of hyperinsulinemia in a person by the control
of insulin and glucagon levels, which method comprises:
a) providing for the oral introduction into the person of a therapeutic, effective
amount of a solid food product having a total calorie value, which solid food product
comprises:
I) a protein source of high biological value having about 20 to 40% of total
calorie value;
ii) a carbohydrate source composed primarily of a low glycemic index
having about 30 to 50% of total calorie value;
iii) a fat source having about 20 to 40% of total calorie value wherein the fat
source comprises a combination of activated Omega 6 essential fatty acids and activated
Omega 3 essential fatty acids in a ratio of Omega 3 acids to Omega 6 acids of greater
than 2:1; and
iv) the protein source to carbohydrate source ratio greater than 0.4:1, but
less than 1:1, to control the insulin and glucagon levels of the person.
19. The method of claim 18 which includes incorporating all or a portion of the fat
source in a separate form for the introduction with the solid food product.
24. The method of claim 18 which includes providing for the oral ingestation by the
person of the fat source in an emulsion, microencapsulated or capsule form.
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