The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
__________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________
Ex parte MARIO FERRUZZI
__________
Appeal No. 2006-2609
Application No. 10/359,165
__________
ON BRIEF
__________
Before SCHEINER, GRIMES, and LINCK, Administrative Patent Judges.
GRIMES, Administrative Patent Judge.
DECISION ON APPEAL
This appeal involves claims to an energy drink, which the examiner has rejected
as obvious. We have jurisdiction under 35 U.S.C. § 134. We affirm.
Background
The specification describes “a natural energy drink composition.” Page 3. In
particular, the specification describes a composition comprising carbohydrate, milk
protein, a natural caffeine source, and a vitamin premix, which provides “onset and
maintenance of energy and mental alertness.” Page 5. The specification states that the
protein source may be whey protein isolate and that the composition may comprise “at
least three, and preferably more, vitamins provided by a vitamin premix.” Page 8.
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Last modified: November 3, 2007