Appeal No. 1996-2920
Application 08/238,214
THE REJECTION
Claims 9-12 stand rejected under 35 U.S.C. § 103 as being unpatentable over appellant’s
admission at page 2, lines 17-22, of the specification in view of CA ‘401 and CA ‘127.
OPINION
We have carefully considered all of the arguments advanced by appellant and the examiner and
agree with appellant that the aforementioned rejection is not well founded. Accordingly, we reverse this
rejection.
The admission relied upon by the examiner is the following (specification, page 2, lines 17-22):
Epidemeologists have observed that individuals who drank a half liter of red
wine per day significantly increased their blood levels of HDL. White wine has no such
effects. The main difference between red and white wines is that red wine is fermented
along with the grape skins, while white wine is not.
CA ‘401 discloses:
Resveratrol is a phytoalexin found in grapes. Recent research had shown that orally
administered resveratrol lowered lipid levels in the liver of rats. Wine had been shown
to lower serum lipid levels in humans. . . . Anal. of wines indicated that resveratrol may
be the active ingredient in wines causing redn. of serum lipids.
CA ‘127 discloses that extracts from certain Polygonum plants contain resveratrol and, as
health food additives, decrease serum lipids and enhance metabolic activity of the liver.
The examiner argues that 1) appellant admits on page 2 of the specification that orally
administered red wine was known to increase HDL levels in blood, 2) CA ‘401 discloses that
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