Appeal No. 2004-0974 Page 11
Application No. 10/117,169
least one of them must be selected from those recited. Or it could mean that all
of the recited antioxidants are required, despite the use of “or” in the claims.
The specification provides no assistance in distinguishing between the
possible interpretations of the claim. The specification states that “preferred
ranges” for the components of the compositions include 0-30% green tea and 0-
3% selenium. See Example 2 on page 3. Thus, the specification implies that
neither green tea nor selenium are essential components of the claimed
composition. However, the specification does not provide any guidance on which
antioxidants other than those listed in the claims could be used.
Similarly, claim 11 is directed to a composition that includes “antioxidants,
green tea, vitamin C, vitamin E and selenium.” This limitation is also open to
multiple interpretations and therefore indefinite. It is unclear whether the claim
requires only those antioxidants that are recited, or requires the recited
antioxidants and at least two others in addition. The specification provides no
assistance in distinguishing between the possible interpretations. The
specification includes no exemplary compositions containing antioxidants other
than those listed in the claims, and provides no guidance regarding other
antioxidants that would be useful in the claimed composition.
Claim 10 is also indefinite, for a different reason. Claim 10 depends on
claim 5, which is directed to a composition comprising vitamins C and E,
selenium, ferulic acid, zinc, and at least two B vitamins. Claim 10 is directed to a
composition having specific “proportion[s] in parts by weight” of L-carnitine
(50%), vitamins C and E (23%, presumably combined), Dong quai (8%), zinc and
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