Appeal 2007-1907
Reexamination Control No. 90/007,178
Patent 6,730,333 B1
1 Analysis of the Commercial Success
2 We start with the commercial product, XanGo™. The only evidence
3 of record as to the contents of XanGo™ that we are directed to is the
4 Declaration of Mr. Bean, a patent attorney. According to the Declaration of
5 Mr. Bean:
6 4. I am also personally familiar with XanGo’s nutraceutical
7 beverage product - XanGo™ Juice, sold under the trademark
8 XanGo™ and the related market. I have confirmed my understanding
9 of the XanGo™ Juice composition and production with XanGo’s
10 employees and contractors. I have also confirmed my understanding
11 of the sales information and market position of XanGo™ Juice with
12 XanGo’s employees and officers.
13
14 5. XanGo™ Juice is made from the whole fruit (both pericarp
15 and pulp) of a Garcinia Mangostana L. (Mangosteen) tree in
16 combination with juices from other vegetables, including other fruit
17 juices. Ingredients of XanGo™ Juice include reconstituted Garcinia
18 mangostana juice from whole fruit, apple juice concentrate, pear juice
19 concentrate, grape juice concentrate, pear puree, blueberry juice
20 concentrate, raspberry juice concentrate, strawberry juice concentrate,
21 cranberry juice concentrate, cherry juice concentrate, etc. See Product
22 Label of XanGo™ Juice, attached as Exhibit B1.”
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