Appeal 2007-2556
Application 10/274,711
disclose a beverage with arabinogalactan (a fiber) and several minerals
including zinc and selenium.22 Echinacea is a recommended source for
arabinogalactan.23 They recommend the use of amino acids, specifically
including arginine and methionine, as chelators to stabilize zinc,24 while
selenomethionine is described as the principle form of selenium in foods.25
Cranberry is a recommended flavor source.26
Differences
Collins teaches the use of all the ingredients in claim 1. Collins would
use them to fortify an improved vitamin B12 supplement. Collins does not
appear to be concerned with bladder function, but bladder function is not a
feature of claim 1.
Zhao teaches the use of all the ingredients in claim 1 except usnea.
Mehansho does not disclose the use of gingko or usnea barbata.
Although Echinacea is a source of the arabinogalactan, in most embodiments
very little of the Echinacea apart from the arabinogalactan would remain
after processing.
Ordinary level of skill
We look to the evidence of record—the applicant's disclosure, the
cited references, and any declaration testimony—in resolving the ordinary
22 Mehansho 2:62-67.
23 Mehansho 3:35-36.
24 Mehansho 5:27-40. They are also used to stabilize other minerals.
25 Mehansho 9:22-23.
26 Mehansho 18:1-11.
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