Appeal No. 2002-2146
Application No. 09/428,261
soluble calcium ions in solution, and an edible acid component
comprising a mixture of citric acid and malic acid in specified
amounts so that at least 75% of the supplement’s soluble calcium
ion remains in solution for at least about 2 days (Brief, page
2).
Appellant states that the claims should be grouped into
three groups and presents reasonably specific, substantive
reasons for the separate patentability of each group (Brief,
pages 2 and 4-5). Accordingly, we select one claim from each
grouping (i.e., claims 1, 23 and 69), with all other claims in
each group standing or falling together, and limit our
consideration to these selected claims to the extent they have
been separately argued. See In re McDaniel, 293 F.3d 1379, 1383,
63 USPQ2d 1462, 1465 (Fed. Cir. 2002), and 37 CFR
§ 1.192(c)(7)(2000). Claim 1 is representative of the invention
and is reproduced below:
1. A calcium supplement comprising:
(a) a primary calcium source comprising calcium
carbonate and, optionally, a sufficient amount of a
secondary calcium source to provide from 0% to 30% of
the supplement’s total soluble calcium ions when said
supplement is placed in solution;
(b) less than an effective amount of a material
selected from the group consisting of sucrose, glucose,
fructose, high fructose corn syrup, invert sugar, sugar
alcohols pectin, algins, hydrolyzed starches, edible
2
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