Appeal No. 2006-2467 Page 3
Application No. 10/157,644
relatively stable blood sugar levels . . . for up to six to nine hours,” and is
“administered in place of, or as part of the evening snack or as a daytime snack.”
Id. (emphasis removed). Kaufman is also relied upon for teaching that
“administration depends on patient parameters such as weight, age, and
condition of the patient such as whether the patient takes insulin or other
antidiabetic medications, and the blood sugar profile determined by a finger
stick.” Id. at 4. The examiner notes that “Kaufman [ ] does not specify the instant
time period or the instant form of fructose.” Id.
Anderson is relied upon for teaching the use of fructose supplements in
various forms, such as lemonade-flavored drinks, cookies, or crystalline fructose.
See id. Anderson is also relied upon for teaching that “fructose supplements
improve the glycemic response in diabetic and non-diabetic patients.” Id.
The examiner concludes that it
would have been obvious to one of ordinary skill in the art at the
time the invention was made to administer Kaufman’s food
composition within the instant time frame since Kaufman teaches
that the composition is utilized to maintain the blood sugar level and
administration and amount administered depends on an array of
factors such as weight, age, and the condition of the patient such
as whether the patient takes insulin or other antidiabetic
medications, and the blood sugar profile determined by a finger
stick. For instance, one would have been motivated to consume
Kauffman’s therapeutic composition prior to a meal, if one’s blood
sugar profile was near hypoglycemia (low blood sugar level) and
the time in which the next meal is consumed depends on the blood
sugar level since a meal immediately consumed with the fructose
source may cause hyperglycemia. Therefore, the time frame in
4 Moore et al. (Moore), “Acute Fructose Administration Decreases the Glycemic Response to an
Oral Glucose Tolerance Test in Normal Adults,” The Journal of Clinical Endocrinology &
Metabolism, Vol. 85, pp. 4515-19 (2000).
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