Appeal No. 2001-1909 Page 2
Application No. 09/016,786
Claims 50 and 59 are illustrative of the claims on appeal and read as
follows:
50. A method of optimizing the regeneration, maintenance or repair of nerve
tissue that occurs naturally during sleep in a human, which comprises:
administering to the human a therapeutically effective amount of a composition
consisting essentially of at least one water-soluble B complex Vitamin
independently selected from the group consisting of Vitamin B1, (Thiamine),
Niacinamide, Folic Acid, Riboflavin (Vitamin B2), Pantothenic Acid (Vitamin B3),
Vitamin B6, Pyridoxine, Vitamin B12,
wherein the water-soluble B complex Vitamin is administered at night to
optimize the regeneration, maintenance or repair of nerve tissue that occurs
naturally during sleep resulting from the presence of said B complex Vitamin.
59. A method of optimizing the regeneration, maintenance or repair of nerve
tissue that occurs naturally during sleep in a human, which comprises:
administering to the human,
(a) a first composition comprising at least one water-soluble B complex
Vitamin independently selected from the group consisting of Thiamine,
Niacinamide, Pyridoxine, Folic Acid, and Riboflavin, said first composition being
released over an extended period of time from six hours up to twenty-four hours;
and
(b) a second composition comprising at least one B complex Vitamin
selected from the group consisting of Vitamin B12 and Pantothenic Acid, said
second composition being administered as an immediate release agent;
wherein the water-soluble B complex Vitamin is administered at night to
optimize the regeneration, maintenance or repair of nerve tissue that occurs
naturally during sleep resulting from the presence of said B complex Vitamin.
The references relied upon by the examiner are:
Zappia U.S. 4,042,698 August 16, 1977
Briggs et al. (Briggs) U.S. 4,752,479 June 21, 1988
Radebaugh et al (Radebaugh) U.S. 4,806,359 February 21, 1989
Koltringer U.S. 5,118,505 June 2, 1992
Edgren et al. (Edgren) U.S. 5,204,116 April 20, 1993
Serfontein U.S. 5,254,572 October 19, 1993
The rejections are:2
2 The examiner has withdrawn previously-applied rejections under 35 USC §§ 112 and 102. See
Examiner’s Answer, p. 2.
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