The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 32
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte ROBERT FRITZ
__________
Appeal No. 2002-0534
Application No. 08/551,326
__________
ON BRIEF
__________
Before WINTERS, MILLS, and GRIMES, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This is a decision on appeal under 35 U.S.C. § 134 from the examiner’s
final rejection of claims 15 and 24-37, all of the claims remaining. Claims 15 and
25-27 are representative and read as follows:
15. A muscle preserving dietary supplement comprising at least 100
mg of soy derived phosphatidylserine in combination with a
physiologically beneficial amount of a protein supplement.
24. A method for optimizing muscle development during intense
physical exercise which comprises ingesting an anti-catabolic
nutrient, soy-derived phosphatidylserine, in an amount that
suppresses elevation in the level of cortisol release resulting during
the physical exercise.
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