Appeal No. 2006-2467 Page 7
Application No. 10/157,644
fructose snack since it may cause hyperglycemia. Therefore, the
time frame in which the composition is administered is a
manipulatable parameter that is defined by the patient’s condition,
i.e. the blood sugar profile.
Id. at 4-5.
Again appellants argue that “[n]one of the references disclose the
administration of fructose from 10-90 minutes before a meal or snack.” Appeal
Brief, page 7. We agree, and the rejection is reversed.
Moore looks at plasma glucose concentrations after administration of
glucose or glucose supplemented with fructose, wherein blood samples were
obtained twice before and every 15 minutes after administration, for a period of
two hours. Thus, there is no discussion in either Anderson or Moore of when the
fructose supplementation was given to the subjects relative to a meal or snack.
Lundstrom merely teaches an afternoon snack, given between lunch and
dinner, of a piece of fruit. See id. at 26. There is no discussion of the timing of
lunch, the afternoon snack, and dinner. Thus, again, there is no suggestion in
the Lundstrom reference, or in the combination, that a fructose supplement
should be administered 10 to 90 minutes before a meal.
OTHER ISSUES
The examiner should consider the patentability of the claims in view of the
Van de Ven5 reference, the abstract of which accompanies this opinion. In that
5 Van de Ven et al., “Effects of liquid preloads with different fructose/fibre concentrations on
subsequent food intake and ratings of hunger in women,” Appetite, Vol. 23, No. 2, pp. 139-46
(1994) (abstract only).
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