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for publication and is not binding precedent of the Board.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. 10
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte GILBERT V. LEVIN
__________
Appeal No. 2004-1391
Application No. 09/811,654
__________
ON BRIEF
__________
Before WINTERS, GRIMES, and GREEN, 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 1-7, all of the claims remaining. Claims 1 and 7 are
representative and read as follows:
1. A method for promoting cardiovascular health in a mammal in a
need of such treatment comprising administering to said mammal
an efficacious amount of tagatose to raise the HDL level in the
mammal.
7. The method of claim 1 wherein the tagatose is D-tagatose,
L-tagatose, or a mixture of the two isomers.
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