Appeal 2007-1907
Reexamination Control No. 90/007,178
Patent 6,730,333 B1
1 been known to perform); Dunbar v. Myers, 4 Otto (94 U.S.) 187, 195 (1876)
2 (ordinary mechanics know how to use bolts, rivets and screws and it is
3 obvious that any one knowing how to use such devices would know how to
4 arranged a deflecting plate at one side of a circular saw which had such a
5 device properly arranged on the other side).
6 In analyzing the invention for obviousness, we look to the claim first.
7 Claim 1 of the instant reexamination proceeding calls for:
8 A nutraceutical beverage comprising:
9 pericarp from fruit of a Garcinia mangostana L. tree; and
10 a first juice from fruit of a Garcinia mangostana L. tree; and
11 at least one second juice selected from the group consisting of fruit
12 juice and vegetable juice.
13 We next turn to the prior art.
14 Of record in the rejection is JP ‘442, which discusses the known
15 medicinal qualities of pericarp. Of particular interest is Example 6, found on
16 page 16 of the translation, which describes a drink which includes orange
17 juice, water, and an extract of pericarp.
18 JP ‘442 describes health benefits of its composition; consequently it is
19 a nutraceutical according to the Appellant’s definition in the Specification.
20 FF 12. Example 6 of JP ‘443 includes pericarp from fruit of a Garcinia
21 mangostana L. tree in the form of a medicinal extract. Example 6 also
22 includes orange juice, which is a juice selected from the group consisting of
23 fruit juice and vegetable juice.
11
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: September 9, 2013