Appeal No. 2006-0108
Application No. 09/980,620
The instant specification states that “the term ‘promoting sleep’ in the
present specification refers to promoting a natural progression of sleep with
maintaining homeostasis of a living body regarding sleep.” Id. at 3. Thus, “the
composition of the present invention comprising theanine can be used, for
instance, to moderate or ameliorate various sleep disorders caused by changes
in the body rhythm, such as insomnia, sleeplessness (difficulty in falling asleep),
vigilance in middle of sleep, vigilance in early morning, and disturbance of restful
sleep.” Id.
With respect to “promoting sleep,” the specification states “[t]he time
periods until entering the sleeping state are compared between an individual
administered with the theanine and an individual without administration. When
the individual administered with the theanine enters the sleeping state earlier
than the individual without administration, it is judged that the sleep promoting
action of theanine is exhibited.” Id. at 4-5.
Finally, the specification teaches that the theanine may be administered
as a “liquid food,” such as “green tea, oolong tea, black tea and herb tea, . . .
carbonated beverages, soft drinks, . . . and the like.” Id. at 7-8.
Thus, the claim reads on a method in which theanine is administered to
treat a sleep disorder, such as sleeplessness, wherein the patient falls asleep
faster with the theanine than if no theanine were administered.
With respect to the rejection, as noted in the Examiner’s Answer, Kakuda
teaches the use of theanine to counter effect the effects of caffeine. See
Examiner’s Answer, page 4. With respect to sleep, Kakuda teaches:
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