Appeal No. 2005-1150
Application No. 09/953,450
definitions are consistent with the definitions set forth in the attachments to the
appellants’ brief.2
Insulin is a hormone, which is produced in the pancreas. Insulin acts to control
the glucose levels in the blood by transporting it through cell membranes and into the
cells. American Diabetes Association information attached as Appendix C to the Brief.
In addition to its endocrine function (production of the hormones insulin and glucagon),
the pancreas also has an exocrine function which involves the production of several
2 The appellants have attached Stedman’s Medical Dictionary, 26 Edition,
Williams & Wilkins, Baltimore (1995) as Appendix B to the Brief. The dictionary defines
Type I diabetes as an “insulin-dependent” and Type II as “non-insulin-dependent”
disease. See, pp. 472-73. The dictionary discloses that
Of the 14 million Americans with diabetes, roughly 90% have Type II (non-
insulin-dependent) and roughly 10% have Type I (insulin-dependent)
disease [p. 473].
The appellants have attached information from the American Diabetes
Association (http://diabetes.org/about-diabetes.isp) as Appendix C to the Brief. The
Association information states, inter alia, that
Type I diabetes
Results from the body’s failure to produce insulin, the hormone that
“unlocks” the cells of the body, allowing glucose to enter and fuel them. It
is estimated that 5-10% of Americans who are diagnosed with diabetes
have type I diabetes [page 1].
Type II diabetes
Results from insulin resistance (a condition in which the body fails to
properly use insulin), combined with relative insulin deficiency.
Approximately 90-95% (17 million) of Americans who are diagnosed with
diabetes have type 2 diabetes [page 2].
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