The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MAKOTO OZEKI, HARUO YAO,
TSUTOMU OKUBO and
LEKH RAJ JUNEJA
__________
Appeal No. 2006-0108
Application No. 09/980,620
__________
ON BRIEF
__________
Before ADAMS, MILLS, and GREEN Administrative Patent Judges.
Opinion by MILLS, Administrative Patent Judge.
Dissenting opinion by GREEN, 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 1-14 and 16-28, which are all the pending in this application. Claim
15 has been cancelled. Claims 1, 4, 10 and 12 read as follow:
1. A sleep-promoting composition comprising theanine.
4. A method for promoting sleep in an individual having sleep disorders,
comprising administering an effective sleep promoting amount of theanine to the
individual having sleep disorders.
10. The composition of claim 1, wherein the theanine is administered in
an amount of from 50 to 100% by weight.
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