Appeal No. 2004-1391 Page 2
Application No. 09/811,654
The examiner relies on the following reference:
Zehner et al. (Zehner) 5,356,879 Oct. 18, 1994
Claim 7 stands rejected under 35 U.S.C. § 112, first paragraph, as lacking
an adequate written description.
Claims 1-6 stand rejected under 35 U.S.C. § 102(b) as anticipated by, or
alternatively under 35 U.S.C. § 103 as obvious in view of, Zehner.
We affirm the rejection of claims 1-6. We reverse the rejection of claim 7
and enter a new ground of rejection of that claim.
Background
Tagatose is a known compound that has been used, inter alia, to treat
diabetes by “inhibit[ing] the rise in blood sugar associated with the consumption
of sugar.” Specification, page 1. “A pilot study was conducted at the University
of Maryland to investigate the long term effects of D-tagatose in humans with
type-2 diabetes. During the course of this study, there was found to be an
increase in HDL-cholesterol levels in each of the subjects, both the patients and
the controls, treated with tagatose.” Id.
Discussion
Claim 1, the only independent claim, is directed to a “method for
promoting cardiovascular health in a mammal in need of such treatment,”
comprising administering tagatose in an amount effective to raise the HDL level
in the mammal. An effective amount is “[p]referably . . . in the weight range of 50
mg/kg body weight/day to 1,500 mg/kg body weight/day.” Specification, page 2.
1. Description
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