Appeal No. 2005-1150
Application No. 09/953,450
As a preliminary matter, we note the appellants’ statement on page 5 of the Brief
that the claims do not stand or fall together. The appellant states that claims 2 and 5
stand separately. Accordingly, we find that there are three groups of claims; Group I
consisting of claims 1, 3, 4, 6 and 7; Group II consisting of claim 2 and Group III
consisting of claim 5. Thus, for purposes of this appeal we have considered the issues
as they apply to claims 1, 2 and 5. These claims read as follows:
1. A method of treating primary diabetes mellitus Type I in a larger mammal or
human comprising administering to said mammal or human an effective amount
of a pharmaceutical preparation comprising a physiologically acceptable enzyme
mixture having lipolytic, proteolytic and amylolytic activity.
2. A method according to claim 1, wherein said pharmaceutical preparation
comprises a physiologically acceptable enzyme mixture of microbially
synthesized lipases, proteases and amylases.
5. A method according to claim 3,[1] wherein said pharmaceutical preparation
comprises pancreatin or a mixture of digestive enzymes containing pancreatin,
and at least one microbial enzyme selected from the group consisting of lipases,
proteases and amylases.
1 Claim 3 reads as follows:
3. A method according to claim 1, wherein said pharmaceutical
preparation comprises pancreatin.
2
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