Appeal No. 2006-2467 Page 5
Application No. 10/157,644
Appellant argues that “neither Anderson nor Kaufman specifically
discloses fructose administration at any time within the 10-90 minute range to
which the claims on appeal are limited.” Appeal Brief, page 6. We agree, and
the rejection is reversed.
Anderson teaches that 50 to 60 grams of fructose was incorporated into
the diet of fourteen middle-aged men with diabetes. There is no discussion in the
reference of when the fructose supplementation was given to the subjects.
Kaufman, as noted by the rejection, teaches a therapeutic food
composition, while teaching that patients taking insulin may be treated during the
day, see Kaufman, Col. 5, lines 28-30, and teaches that it is preferably
administered to a diabetic patient before bedtime, see id. at Col. 2, lines 39-45.
In addition, the reference teaches that it is slowly metabolized over 6 to 8 hours.
Thus, there is no suggestion in the Kaufman reference, or in the combination,
that the therapeutic food composition should be administered 10 to 90 minutes
before a meal.
Combination of Lundstrom, Moore and Anderson
Lundstrom, which is a handbook to help people deal with diabetes, is
relied upon for teaching “that the well-balanced meal plan for a diabetic is based
on the individual needs, tastes, activity level, and life style and that the meal
times and amount are planned and adjusted for individual needs,” and that “[t]he
diet includes breakfast, lunch, an afternoon snack of one fruit, dinner, and an
evening snack of one starch, milk, and one fruit.” Examiner’s Answer, page 6.
According to the examiner, fruits such as apples, bananas and fruit cocktails
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