Appeal No. 2006-2467 Page 6
Application No. 10/157,644
contain 10.5, 3.1 and 17 grams of fructose, respectively, and juices such as
orange juice and apple juice contain 7.4 and 13.9 grams of fructose, respectively.
The examiner notes that Lundstrom “does not specify the instant time period,”
“the inherent mechanism in which fructose works,” and “the instant form of
fructose.” Id. at 7.
Moore teaches the administration of glucose with or without 7.5 grams of
fructose, with blood samples being drawn every 15 to 120 minutes. See id.
Moore is also relied upon for teaching that their findings “hold promise for the
improvement of carbohydrate tolerance in individuals with impaired glucose
tolerance and diabetes.” See id.
Anderson is relied upon as in the previous rejection. See id.
The examiner again concludes:
It would have been obvious to one of ordinary skill in the art
at the time the invention was made to manipulate when the fructose
snack, i.e. fruit or fruit juice, is administered since Lundstrom
teaches that the purpose of a well-balanced meal is to maintain the
blood sugar level and it depends on an array of factors based on
the individual. Lundstrom further teaches these factors that are
known to a skilled artisan consist of an individual’s 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. For instance, one would have been
motivated to consume Kauffman’s [sic] therapeutic composition
prior to a meal, if one’s 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. It is obvious that a meal would
not be immediately consumed with the
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