Appeal No. 2001-1909 Page 11
Application No. 09/016,786
At the time of the amendment, appellants stated that basis for the
amendment could be found on page 10, lines 11-27 of the specification.
However, that passage (see Background supra) does not disclose taking a
vitamin at night. The passage indicates that significant nerve tissue repair
occurs during sleep and that “[c]onventional administration of vitamins during the
daytime fails to account for the significant need for B complex Vitamins at night.”
However, this passage does not say when the vitamin should be taken. That is
explained elsewhere in the specification.
In three places, the specification mentions “administering” the vitamin at
“night”:
· “administering the agent in multiple dosages during the daytime and at
night” (p. 4, lines 16-17);
· “administering the agent in multiple dosages during the daytime and at
night” (p. 7, lines 15-16); and,
· “the total daily dosage may be divided and administered in portions during
the day if desired or at one time, morning, afternoon, night” (p. 14, lines
30-32 ).
In none of these statements is “night” given any particular significance. “Night” is
just one of a number of possible times for introducing the vitamin into the body,
the purpose being to release the vitamin over a 24-hour period.
Reading the passage of p. 10, lines 11-27 in light of these disclosures, it
becomes clear that appellants are seeking to overcome the short duration of
present conventional dosages of vitamins; i.e., they do not last long enough to
still be present in the human body during sleep (usually at night) when the
vitamin B complex has the greatest impact on nerve tissue repair. Appellants
appear to solve this problem, not by introducing a vitamin at night per se, but by
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