Appeal No. 94-4461
Application 07/996,797
28. A solid food nutritional composition adapted for oral administration to a person
to reduce hyperinsulinemia, which composition comprises:
a) a protein source of high biological value having about 20 to 40% of total calorie
value;
b) a carbohydrate source composed primarily of a low glycemic index having about
30 to 50% of total calorie value;
c) a fat source having about 20 to 40% of total calorie value wherein the fat source
comprises a combination of activated Omega 3 essential fatty acids and activated Omega
6 essential fatty acids in a ratio of Omega 3 acids to Omega 6 acids of greater than 2:1;
and
d) the protein source to carbohydrate source greater than 0.4:1, but less than 1:1, to
control the insulin and glucagon levels of the person.
The references relied upon by the examiner are:
Stewart et al. (Stewart) 4,826,877 May 2, 1989
Merck Manual, 14th Edition, pages 388-89 (1982).
Claims 18-33 stand rejected under 35 U.S.C. § 103 as unpatentable over Stewart
in view of the Merck Manual. We reverse. In addition, we raise other issues for the
examiner to consider upon return of the application.
DISCUSSION
The claims on appeal require the presence or use of a solid food product which
comprises a protein source, a carbohydrate source, and a fat source. Each of these
sources are defined in terms of the percent of the total calorie value of the solid food
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