Appeal No. 2006-0108
Application No. 09/980,620
WO99/42096 to the pending claims and also determine if there are any related, relevant
Japanese patent family publications. Note the 6,821,103 patent, a presumed translation
of PCT WO99/42096, column 3, paragraph 57, discloses a composition comprising
theanine is useful in the amelioration of sleep disorders. See also Example 12, column
18.
CONCLUSION
We affirm the rejection of claims 1-3 under 35 U.S.C. §102(b) for anticipation
over Kakuda. We reverse the anticipation rejection of claim 4. We reverse the rejection
of claims 5-9, 11 and 16-18 and 20-28 under 35 U.S.C. §103(a), as obvious over
Kakuda in view of Ekanayake. We affirm the rejection of claims 10, 12-14 and 19
9
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