Appeal No. 2004-0340 Page 5
Application No. 09/847,121
783 F.2d 1038, 1041, 228 USPQ 685, 687 (Fed. Cir. 1986). “It is impermissible
within the framework of section 103 to pick and choose from any one reference
only so much of it as will support a given position, to the exclusion of other parts
necessary to the full appreciation of what such reference fairly suggests to one of
ordinary skill in the art.” Id.
In this case, we agree with Appellant that Riley would not have suggested
the claimed composition. Riley teaches administration of dietary supplements in
the form of a system of “modular” supplements. The modular compositions
disclosed by Riley contain different combinations of vitamins, minerals, etc. For
example, “Module 1, the basic formula, . . . consists of vitamins and minerals
essential for the prevention of vitamin and mineral deficiency diseases and for
the promotion of general good health.” Column 4, lines 51-55. Module 1
contains, among other things, vitamins A, C, D3, and E. See Table 2 in columns
25-26. Module 1 does not contain quercetin. See id.
Module 3, on the other hand, is for “assisting in the reduction of risk
factors of chronic disease such as coronary heart disease and cancer. It
contains not only the basic daily nutrient needs, but specific doses of vitamin[s],
minerals and other compounds, such as antioxidants and folic acid, which have
been found to reduce some of the nutritional determinants of these diseases.”
Column 5, lines 3-9. Module 3 contains quercetin and vitamins A, C, and E. See
Table 2. Module 3 does not contain vitamin D3. See id.
Riley teaches that providing different supplements in different
compositions provides advantages over conventional vitamin supplements. The
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