Appeal No. 2006-0108
Application No. 09/980,620
By refining theanine, frequently contained in caffeine-
containing beverages and foods such as tea and coffee, and using
it as an active ingredient, in addition to it being able to be used as a
harmless additive, by using theanine and/or compositions having
theanine as their active ingredient in caffeine-containing beverages
and foods, a caffeine stimulation inhibitor can be provided that
allows those people who desire to suppress the action of caffeine
(including, but not limited to, those people who desire to drink tea
and coffee without impairing sleep) without worry over its effects.
Id. at Col. 2, lines 52-62.
Thus, Kakuda teaches that by taking theanine in conjunction with caffeine,
one can fall asleep faster than if one consumed caffeine alone (i.e., consume
caffeine without impairing sleep). Kakuda therefore teaches a method in which
sleepless, a sleep disorder as defined by the instant specification, is ameliorated
by the administration of theanine, and anticipates the method of claim 4.
Appellants argue that “without impairing sleep” as used by Kakuda “means
that one is able to sleep as if one did not take caffeine.” Appeal Brief, page 6.
Thus, according to appellants, Kakuda does not teach “sleep promotion,” but only
teaches “not impairing sleep,” i.e., the ability to sleep normally. See id.
Appellants argue further that caffeine has many effects, such as
nervousness, shaking, and alertness, and Kakuda teaches the use of theanine to
counter those effects, as well as not impairing sleep. See id. at 6. According to
appellants, “Kakuda [ ] does not disclose or suggest taking theanine in the
absence of caffeine as is present in Examples 3 and 4 of the instant written
description. Even in the absence of caffeine, theanine is useful for promoting
sleep.” Id.
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