Appeal 2007-1907
Reexamination Control No. 90/007,178
Patent 6,730,333 B1
1 Kirtikar
2 37. Kirtikar describes that the bark and rind of G. mangostana L. have
3 astringent properties and the gum and resins have cathartic properties (p.
4 260, ll. 35-37).
5 38. Kirtikar also describes that the rind is used as an astringent medicine
6 for diarrhea and dysentery (p. 261, ll. 27-29).
7 Nakatani
8 39. Nakatani describes the use of mangosteen fruit hull as a medicinal
9 treatment for skin infections, wounds, and diarrhea. (p. 1, cols. 1-2).
10 Caius
11 40. Caius describes Garcinia Mangostana L. and that the rind of the fruit
12 is a “well-known astringent useful in the treatment of diarrhoea [sic] and
13 dysentery.” (p. 430, final paragraph).
14 Miscellaneous Findings
15 41. One of ordinary skill in the art at the time the invention was made
16 knew that fruit juices and vegetable juices could be blended and that they
17 could be blended for flavor purposes, e.g., V-8® and cranapple juice.
18 The Examiner’s Rejections Under 35 USC § 103
19 42. Claims 1-28 and 44-81 stand rejected under 35 USC § 103 as being
20 unpatentable as obvious over the combination of JP ‘442, JP ‘501, Duke,
21 Caius, Nakatani, Kirtikar, and Yaacob. (Answer, p. 5, ll. 1-3).
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