Appeal 2006-2858
Application 10/169,910
I. APPEALED SUBJECT MATTER
The subject matter on appeal relates to a nutritional drink comprising
mainly proteins, carbohydrates, and salts (Specification 1, together with
claim 1). The drink has an osmolarity of less than 600 mOsmol/kg water,
preferably between 300 and 600 mOsmol/kg water, and an energy value of
up to 85 kcal/100 ml drink, preferably 40-60 kcal/100 ml drink
(Specification 3). According to page 3, lines 20-21, of the Specification,
“[t]he energy value of the drink is linked to the osmolality [sic, osmolarity].”
The Specification, at page 3, lines 7-8, also states that the “[t]he energy
value…is related to the osmolality [sic, osmolarity].”
Details of the appealed subject matter are recited in illustrative
claim 1, which is reproduced below:
1. An oral nutritional drink which can be ingested with good tolerance
by persons likely to or currently suffering from nausea or who are
expected to be sick when consuming food or drinks comprising
proteins, carbohydrates, salts, the drink comprises at least one protein,
at least one carbohydrate, and at least one salt, wherein the drink is
clear and has an osmolality [sic, osmolarity] of not more than 600
mOsmol/kg water an energy value of 40-60kcal/100ml of the drink,
wherein the nutritional drink is free of fat or when the protein is a
defatted protein, the fat content of the drink is less than 0.2% based on
the-weight of the defatted protein.
II. PRIOR ART
As evidence of unpatentability of the claimed subject matter, the
Examiner relies upon the following references:
Millman US 4,871,550 Oct. 3, 1989
Staples EP 0 044 116 A1 Jan. 20, 1982
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