Appeal No. 2006-2467 Page 2
Application No. 10/157,644
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.
13. A method for assisting a diabetic patient with managing their
blood glucose levels, said method comprising feeding said patient
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.
Claims 1-3, 5, 7-9, 11, 13-15 and 17 stand rejected under 35 U.S.C. §
103(a) as being obvious over the combination of Kaufman1 and Anderson.2 In
addition, the claims have been rejected as obvious over the combination of
Lundstrom,3 Moore4 and Anderson. After careful review of the record and
consideration of the issues before us, we reverse the rejections of record.
DISCUSSION
Combination of Kaufman and Anderson
Kaufman is relied upon by the examiner for teaching “a method and
therapeutic food composition to diminish blood sugar fluctuations.” Examiner’s
Answer, page 3. According to the rejection, the composition taught by Kaufman
“is taught to be slowly absorbed in the gastrointestinal tract and maintains
1 Kaufman, U.S. Patent No. 5,843,921, issued December 1, 1998.
2 Anderson et al. (Anderson), “Metabolic Effects of Fructose Supplementation in Diabetic
Individuals,” Diabetes Care, Vol. 12, pp. 337-44 (1989).
3 Lundstrom, The Healing Handbook for Persons with Diabetes, Chapter 5, pp. 1-22 and Chapter
6, pp. 1-27, January 21, 1998, found online at http://www.umassmed.edu/diabeteshandbook/.
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