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for publication and is not binding precedent of the Board.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 BRYAN W. WOLF
__________
Appeal No. 2006-2467
Application No. 10/157,644
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and GREEN, Administrative Patent Judges.
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 1-3, 5, 7-9, 11, 13-15 and 17. Claims 1, 7 and 13 are the
independent claims on appeal, and read as follows:
1. A method for blunting the postprandial glycemic response to
a meal, said method comprising feeding an individual from about 2
grams to about 30 grams of a source of supplemental fructose from
about 10 minutes to about 90 minutes prior to a meal, wherein the
source of supplemental fructose is selected from the group
consisting of liquid fructose, powder fructose and crystalline
fructose, in a dosage form selected from the group consisting of
sachet, tablet, caplet, lozenge, powder, syrup and liquid.
7. A method for modulating blood glucose, said method
comprising feeding an individual from about 2 grams to about 30
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