Appeal No. 2005-0027
Application No. 09/777,874
carnitine from Hastings' teachings that “any other form of L-carnitine can be used (col.
3, lines 40-45) with the expectation of obtaining at least similar results since the active
agent is carnitine.” Id.
Hastings states that “L-carnitine also reduces fatigue, is used in the treatment of
atherosclerotic heart diseases, advantageously increases HDL cholesterol while
lowering LDL cholesterol, and decreases ketone levels in the blood.” Col. 3, lines 60-
65.
Wiegand describes a method and composition for treating obesity. Wiegand's
compositions include L- and D-carnitine. Wiegand states that “derivatives of carnitine
may be employed with the same effects.” Col. 2, lines 29-30. Examples of derivatives
described in Wiegand include acyl- and acetylcarnitine. Col. 2, lines 40-45.
According to the examiner, Burtle teaches compositions containing carnitine or
esters of carnitine and pantothenic acid. Answer, page 7.
We find the examiner has presented sufficient evidence to support a prima facie
case of obviousness. In particular Hastings teaches a weight loss composition including
L-carnitine and hydroxycitric acid. Hastings suggests that other forms of carnitine may
be used. Wiegand teaches a similar composition for the treatment of obesity which
indicates that derivatives of L-carnitine, including acetyl carnitine, may be employed with
the same effects. This explicit indication that acetyl carnitine may be substituted for L-
carnitine in the art and employed with similar effects, provides an explicit reason,
suggestion or motivation to combine the cited references.
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